Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1038

Introduced
2/27/25  

Caption

Relative to the protection of small businesses and workers

Impact

The implications of SB 1038 extend far beyond just small businesses. By establishing clearer definitions and rules around monopolistic practices, the bill aims to curtail anti-competitive behaviors that can harm economic viability in local markets. It empowers the attorney general to take action against organizations that attempt to monopolize or monopsonize, thus aiming to create a more equitable economic landscape. Furthermore, it introduces punitive measures for violations, suggesting a firmer approach to enforcing antitrust regulations.

Summary

Senate Bill 1038, introduced by Senator William N. Brownsberger, seeks to amend the Massachusetts Antitrust Act to better protect small businesses and workers from monopolistic practices. The bill includes new definitions, such as 'monopoly power' and 'monopsony power,' aimed at clarifying the conditions under which firms can influence market prices and competition. This legislation expands the existing framework for antitrust regulation within Massachusetts, focusing on preventing both monopolistic and monopsonistic behaviors that may harm small businesses and workers alike.

Contention

Despite its aims to bolster small businesses and worker rights, SB 1038 could face contention regarding the balance between economic freedom and regulatory oversight. Critics may argue that stricter regulations could hinder market efficiencies or increase the burdens on businesses under scrutiny for potential anti-competitive behavior. Furthermore, the definitions related to monopoly and monopsony power could lead to complex legal interpretations, potentially resulting in litigation that may overwhelm small enterprises rather than support them.

Companion Bills

No companion bills found.

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