State Antitrust Enforcement Venue Act of 2021

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.
Announced in| the 117th United States Congress
Number of co-sponsors| 39
Legislative history

* Introduced in the House of Representatives as H.R. 3460 by Ken Buck (R–CO) on May 21, 2021
* Committee consideration by United States House Committee on the Judiciary

The State Antitrust Enforcement Venue Act of 2021 is a proposed antitrust bill in the United States Congress. The legislation was introduced in the House of Representatives by Ken Buck (R-CO) as H.R. 3460 on May 21, 2021.[1] Companion legislation was introduced in the Senate by Mike Lee (R-UT) as S. 1787 on May 24, 2021.[2]

The legislation would prevent antitrust lawsuits filed by multiple state 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 of anti-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]

## History

[edit]

The legislation was introduced days after Google filed to transfer an antitrust suit from the Texas Attorney General's office and fourteen other state AGs to its home court in San Francisco, California.[4]

In June 2021, a bipartisan coalition of 52 state AGs wrote a letter to Congress in support of the legislation.[6] Lina Khan, chair of the Federal Trade Commission (FTC), urged members of the Senate to support the legislation in February 2022.[7] 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".[8]

## Provisions

[edit]

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 a federal agencies, antitrust lawsuits filed in multiple federal court districts can be consolidated in a single venue at a litigant's request.[9][10]

If passed, the State Antitrust Enforcement Venue Act of 2021 would create a carve-out for state AGs from the Judicial Panel on Multidistrict Litigation (JPML) akin to the relevant exemption for federal agencies.[11]

## Voting history

[edit]

In June 2021, the House Judiciary Committee in favor of advancing H.R. 3460 to the House floor by a 34–7 margin.[12] On September 23, 2021, the Senate Judiciary Committee voted to advance the legislation to a full vote in the Senate by voice vote.[13]

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".[14]

## Legislative history

[edit]

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]

## See also

[edit]

* American Innovation and Choice Online Act
* Open App Markets Act
* United States antitrust law

## References

[edit]

1. ^ "H.R.3460 - 117th Congress (2021-2022): State Antitrust Enforcement Venue Act of 2021". www.congress.gov. 2021-06-24. Retrieved 2022-03-01.
2. ^ "S.1787 - 117th Congress (2021-2022): State Antitrust Enforcement Venue Act of 2021". www.congress.gov. 2022-02-03. Retrieved 2022-03-01.
3. ^ Ng, Alfred. "What Is Congress's Plan to Crack Down on Big Tech? – The Markup". themarkup.org. Retrieved 2022-03-01.
4. ^ a b Frankel, Alison (2021-07-28). "Tussle between Congress and courts lurks in Google's JPML bid". Reuters. Retrieved 2022-03-01.
5. ^ a b c Nylen, Leah (2022-06-14). "Senate Passes State Venue Antitrust Bill That Google Opposed". Bloomberg. Retrieved 2022-06-16.
6. ^ "52 AGs Urge Congress To Support Rep. Ken Buck's Antitrust Bill". Competition Policy International. 2021-06-20. Retrieved 2022-03-01.
7. ^ Cole, Christopher (February 15, 2022). "FTC's Khan Urges Senate To Pass State Antitrust Venue Bill - Law360". Law360. Retrieved 2022-03-01. "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."
8. ^ Gold, Ashley (21 May 2021). "Scoop: House antitrust bill aims to boost state AGs". Axios. Retrieved 2022-03-01.
9. ^ "S. 1787, State Antitrust Enforcement Venue Act of 2021 | Congressional Budget Office". Congressional Budget Office. 2022-02-15. Retrieved 2022-03-01.
10. ^ "Here's What's in the Six U.S. Antitrust Bills That Could Finally Break Up Big Tech". Gizmodo Australia. 2021-06-27. Retrieved 2022-03-01.
11. ^ Cole, Christopher (October 8, 2021). "Antitrust Venue Law Would Embolden State-Level Enforcers - Law360". Law360. Retrieved 2022-03-01. "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."
12. ^ Perkins, Ty. "House Judiciary Committee Clears Six Antitrust Bills Targeting Big Tech Companies". Retrieved 2022-03-01.
13. ^ "U.S. Senate panel votes in favor of state attorneys general right to choose venue". Reuters. 2021-09-23. Retrieved 2022-03-01.
14. ^ "Buck Statement on Senate Passage of State AG Venue Bill". Congressman Ken Buck. 2022-06-14. Retrieved 2022-06-16.

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