Waters, Booker Introduce Fair Competition Act to Safeguard Small Businesses and Strengthen Antitrust Laws
WASHINGTON, D.C. — U.S. Representative Maxine Waters (D-CA-43), Ranking Member of the Financial Services Committee, introduced the Fair Competition for Small Business Act of 2025, legislation to protect small businesses from anti-competitive pricing practices that favor large retailers. U.S. Senator Cory Booker (D-NJ), Ranking Member of the Antitrust, Competition Policy, and Consumer Rights Subcommittee and a member of the Senate Committee on Small Business and Entrepreneurship, introduced the Senate Companion.
Independent grocers are the backbone of communities across the country, providing jobs, access to food, and stability in both rural and urban neighborhoods. According to the National Grocers Association, they support over 1.1 million jobs and generate over $41 billion in wages annually. Yet large retail chains use their market power to secure discounts and favorable payment terms from suppliers that smaller grocers lack the leverage to negotiate. As a result, independent grocers are often charged higher prices for the same products—costs that are passed on to consumers—making it nearly impossible for them to compete with large retailers and jeopardizing their ability to remain in business.
Although the Robinson-Patman Act prohibits suppliers from charging competing buyers different prices, federal regulators have historically failed to enforce the law, leaving small businesses to fend for themselves against large retailers. The law currently allows state attorneys general to enforce it, but their authority is limited to seeking injunctive relief; they cannot obtain monetary damages on behalf of affected businesses. This flaw limits states’ ability to fully protect small businesses when the federal government fails to enforce the law because they cannot recover losses from discriminatory pricing.
The Fair Competition for Small Business Act protects small businesses and addresses this legal gap by amending the Clayton Act to explicitly authorize state attorney generals to bring civil actions for damages when violating the Robinson-Patman Act, strengthening accountability and deterring anti-competitive practices. This will allow state attorney generals to pursue monetary damages against retailers that engage in unlawful price discrimination, giving states the same enforcement authority they already have under other federal antitrust laws.
By enabling state attorney generals to seek monetary damages for violations of the Robinson-Patman Act, the legislation gives small businesses a clear legal path to recover past losses and prevent future harms, ensuring fairer competition in the marketplace.
“For far too long, large retailers have been able to use their market power to demand price concessions from suppliers that smaller retailers are unable to secure, thereby threatening the ability of smaller retailers to remain viable, reducing competition, and increasing prices for consumers,” said Congresswoman Waters. “The Fair Competition for Small Business Act would permit state attorneys general to seek monetary damages on behalf of their constituents for these discriminatory practices and give them a vital tool to promote marketplace competition, fairness, and affordability.”
“Small businesses drive our economy, and it is essential that they are not forced to close their doors due to illegal pricing practices that larger retailers continue to exploit,” said Senator Booker. “By strengthening the Robinson-Patman Act, state attorneys general would be empowered to hold these retailers accountable, ensuring that small businesses can compete, and succeed, on a level playing field.”
“Increasing enforcement of the Robinson-Patman Act is an essential part of reviving Main Streets across the nation,” said Morgan Harper, Director of Policy and Advocacy at the American Economic Liberties Project. “For too long, dominant power buyers have used their size and scale to secure unfair prices and terms that shut out smaller businesses and distort market competition in their own favor. The Fair Competition for Small Businesses Act will restore a vital pathway for enforcement by allowing state attorneys general to pursue Robinson-Patman Act damages cases on behalf of their communities. Congress should move quickly to pass it.”
“State Attorneys General are essential partners in enforcing federal and state antitrust laws, but it's equally essential they have the tools necessary to address anti-competitive behavior. NGA supports this common-sense measure to strengthen AG enforcement of the Robinson-Patman Act,” said Chris Jones from National Grocers Association.
“Senator Booker's Fair Competition for Small Business Act increases the power of the State Attorney Generals in the fight to hold powerful suppliers and retailers accountable for discriminatory pricing practices that have squeezed farmers and small businesses out of the marketplace. Revitalizing Robinson-Patman enforcement will help level the playing field, ensuring farmers a fair marketplace to sell into,” said Joe Maxwell, Farm Action Fund’s President.
“Leveling the playing field through enforcement of the Robinson-Patman Act should be a top priority for all policymakers concerned with the survival of Main Street small businesses,” said Ron Knox, Senior Researcher & Policy Advocate at the Institute for Local Self-Reliance. The newly unsealed FTC complaint against PepsiCo shows how megacorporations drive up costs across the economy at the expense of smaller competitors and American consumers. “We applaud Ranking Member Booker and Representative Waters’ leadership on the Fair Competition for Small Business Act.”
“Our small business coalition has long advocated for federal policymakers to take on the rampant price discrimination in our economy,” said Small Business Rising coalition spokesperson Lauren Gellatly. “By providing state-level antitrust enforcers greater tools to address price discrimination, the Fair Competition for Small Business Act is a simple and effective remedy to foster fair competition and enforce existing antitrust law.”
“55% of our Lowcountry small business member survey respondents reported in June of 2025 that they are somewhat or significantly impacted by their corporate competitors' access to superior pricing and terms for products and services,” said Jordan Amaker, Director of Advocacy, Lowcountry Local First. “The under-enforcement of existing antitrust laws, specifically the Robinson-Patman Act (RPA), is just one more tilt of the playing field in favor of big business and billionaires. These tilts too often become the final nail in the coffin for so many neighborhood-serving, community-rooted businesses. Between the uncertainty and skyrocketing costs of the tariff and trade policies and the unchecked monopolistic power of mega-corporations, our local grocers and retailers are being crushed at every turn. Our small businesses don't have time to stand up for themselves on these issues, so we rely on the dedication of leaders like Sen. Booker and Rep. Waters to fight for fair practices and keep our small businesses in place.”
The Fair Competition for Small Business Act of 2025 is cosponsored by U.S. Representatives Jerry Nadler (NY-10), Eleanor Holmes Norton (DC), Bennie G. Thompson (MS-2), Jake Auchincloss (MA-4), Pramila Jayapal (WA-7), Cleo Fields (LA-6), Hank Johnson (GA-4), Alexandria Ocasio-Cortez (NY-14), Rebecca Balint (VT), Andre Carson (IN-7), Dwight Evans (PA-3).
To read the full text of the bill, click here.