Clerk session vote number: 74
Description: PRICE FIXING PREVENTION ACT
Bill summary: Price Fixing Prevention Act of 1989 - Provides that in any civil action alleging a contract, combination, or conspiracy to set, change, or maintain prices (other than a maximum price) under the Sherman Antitrust Act: (1) evidence that a person who sells a good or service to the claimant for resale received from a competitor a communication regarding price competition by the claimant and in response terminated the claimant as a buyer (or refused to supply such goods or services) shall be
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sufficient to raise the inference that such person and such competitor engaged in concerted action to set, change, or maintain prices in violation of such Act (in such case, a termination or refusal to supply is in response to a communication if such communication is a substantial contributing cause of such termination or refusal to supply); (2) the fact that the seller and the purchaser of a good or service entered into an agreement to set, change, or maintain prices shall be sufficient to constitute a violation of such Act; and (3) an agreement between the seller and the purchaser to terminate another purchaser as a dealer or to refuse to supply such other purchaser because of that purchaser's pricing policies shall constitute a violation of such Act, whether or not a specific price level is agreed upon. Provides that the provisions with respect to agreements to set, change, or maintain prices (other than a maximum price) shall apply to civil actions commenced before enactment of this Act.
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Bill titles: To establish evidentiary standards for Federal civil antitrust claims based on resale price fixing.
Original source documents: Digest of the Congressional Record vol. 136, p. 1547;
Links for more info on the vote: congress.gov