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| Long title | To amend title 28 of the United States Code to prevent the transfer of actions arising under the antitrust laws in which a State is a complainant. |
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| Announced in | the117th United States Congress |
| Number of co-sponsors | 39 |
| Legislative history | |
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TheState Antitrust Enforcement Venue Act of 2021 is anantitrustbill in theUnited States Congress. The legislation was introduced in theHouse of Representatives byKen Buck (R-CO) as H.R. 3460 on May 21, 2021.[1] Companion legislation was introduced in theSenate byMike Lee (R-UT) as S. 1787 on May 24, 2021.[2]
The legislation would prevent antitrust lawsuits filed by multiplestate attorneys general (state AGs) from being consolidated or transferred to a separate venue at the request of a company.[3] Proponents of the bill argue that the current law helps companies accused ofanti-competitive conduct by allowing suits to be consolidated or transferred in a more favorable venue at their request.[4]
On June 14, 2022, the Senate passed the legislation by voice vote.[5] The act was later consolidated into the 2022 omnibus spending bill and signed into law on Dec. 29th 2022.[6]
The legislation was introduced days afterGoogle filed to transfer an antitrust suit from theTexas Attorney General's office and fourteen other state AGs to its home court inSan Francisco,California.[4]
In June 2021, a bipartisan coalition of 52 state AGs wrote a letter to Congress in support of the legislation.[7]Lina Khan, chair of theFederal Trade Commission (FTC), urged members of the Senate to support the legislation in February 2022.[8] Buck, who introduced the legislation in the House of Representatives, argued that states "should have the same benefit that is already afforded to federal antitrust enforcers — to select and remain in their preferred venue".[9]
The legislation would allow antitrust lawsuits filed by state attorneys general to remain in their original court district, rather than be transferred or consolidated elsewhere. With the exception of suits filed by afederal agencies, antitrust lawsuits filed in multiple federal court districts can be consolidated in a single venue at a litigant's request.[10][11]
If passed, the State Antitrust Enforcement Venue Act of 2021 would create a carve-out for state AGs from theJudicial Panel on Multidistrict Litigation (JPML) akin to the relevant exemption for federal agencies.[12]
In June 2021, theHouse Judiciary Committee in favor of advancing H.R. 3460 to the House floor by a 34–7 margin.[13] On September 23, 2021, theSenate Judiciary Committee voted to advance the legislation to a full vote in the Senate by voice vote.[14]
On June 14, 2022, the Senate passed the legislation unanimously.[5] Buck, who introduced the House version of the bill, praised the Senate's vote, describing it marking "the beginning of a new era of antitrust reform and proof-of-concept for a bipartisan reform coalition of conservatives and progressives".[15]
| Congress | Short title | Bill number(s) | Date introduced | Sponsor(s) | # of cosponsors | Latest status |
|---|---|---|---|---|---|---|
| 117th Congress | State Antitrust Enforcement Venue Act of 2021 | H.R.3460 | May 21, 2021 | Ken Buck(R-CO) | 40 | Referred to committees of Jurisdiction. |
| S.1787 | May 24, 2021 | Mike Lee(R-UT) | 5 | Passed the Senate.[5] |
The Senate should move forward a pending bipartisan bill to allow state antitrust enforcers to bring lawsuits in their own backyards without seeing them folded into multidistrict litigation in another state, Federal Trade Commission Chair Lina Khan has told key senators. Khan, a vocal critic of tech sector consolidation who has advocated for tougher antitrust enforcement at the federal and state levels, wrote to leaders of both parties on the Judiciary Committee to urge passage of the State Antitrust Enforcement Venue Act.
Klobuchar, chair of the Senate Judiciary's antitrust panel, and Republican Rep. Ken Buck of Colorado, the lead sponsor on the House side, started pushing harder to move the bill when Google's case came up before the JPML. Known as the State Antitrust Enforcement Venue Act, the bill would add a few words and drop a subsection in the multidistrict litigation statute that allows consolidation of suits so that states get the same exemption as federal enforcers from the panel's authority to move cases.
