New Jersey Assembly Bill A5552

New Jersey 2022-2023 Regular Session

• Introduced: 6/5/23
• Refer: 6/5/23

Caption

Amends "New Jersey Antitrust Act" to make monopsony illegal and regulate entity in dominate position in market.

Impact

The impact of AB A5552 on state laws is significant as it broadens the definitions and legal repercussions surrounding anticompetitive practices. By declaring monopsonies illegal along with monopolies, the bill addresses a critical gap in existing antitrust legislation. The Attorney General is empowered to not only prevent violations but also to issue guidance on interpreting market shares effectively in order to consider the role of small and medium-sized enterprises within New Jersey’s economy.

Summary

Assembly Bill A5552 amends the New Jersey Antitrust Act to specifically make monopsonies illegal. A monopsony is defined as a market structure where there is only one buyer, contrasting with monopoly, where there is only one seller. The bill aims to regulate entities that hold a dominant position in any market and ensures that any abuse of that dominance is prohibited. It expands the scope of antitrust law in New Jersey, reinforcing the state’s commitment to promoting fair competition and protecting consumers and smaller businesses from potentially exploitative behaviors of larger market players.

Contention

There are notable points of contention surrounding this legislation. Critics may argue that enforcing regulations against both monopolistic and monopsonic practices could lead to increased governmental oversight and potential overreach, which could hinder economic growth and market innovation. Proponents, however, view the bill as a necessary step to ensure equitable market conditions where smaller competitors can thrive against dominant players. The definition of a dominant position based on market share and the criteria for proving abuse of market power will be essential factors that will shape the discussions on this bill.