CalChamber Opposes Risky, Rushed Changes to California’s Antitrust Law

For Immediate Release
Contact: John Myers
john.myers@calchamber.com | press@calchamber.com

The California Chamber of Commerce today released the following statement after the California Law Revision Commission approved recommended legislative language to significantly amend the state’s antitrust law and create a new Single Firm Conduct policy.

“California businesses take seriously their responsibility to operate and grow under the rules of a fair marketplace. But they also expect government officials to clearly identify problems before proposing purported solutions — especially the kind of sweeping changes now being suggested to the state’s antitrust law.

“The California Law Revision Commission has failed to meet that expectation.

“The Commission’s efforts, in response to a 2022 legislative directive, never produced any study to support the claim that California consumers and businesses are suffering from reduced competition because of a lack of state-specific rules governing the conduct of a single company in selling its products or services.

“Instead, the Commission has proposed a law with poorly defined terms, lacking standardized tests for wrongdoing, and relying on a presumption of illegal activity when it comes to a number of business practices that are widely considered typical and benefit consumers by offering better services and prices.

“The chilling effects would be substantial, delivering a devastating blow to California’s innovation economy and resulting in a sharp increase in litigation and consumer prices.

“It would be the antithesis of affordability.

“A rushed, go-it-alone approach for our state threatens to create a fragmented national business landscape. California would be less attractive to the entrepreneurs whose success is essential to our future prosperity.

“The Commission rushed its decision by issuing a final proposal with less than 72 hours’ notice, a disappointing lack of collaboration with the businesses that would have to ultimately comply.”