SB 113-5: No Bus Monopolies Act (passed) (user search)
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  SB 113-5: No Bus Monopolies Act (passed) (search mode)
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Author Topic: SB 113-5: No Bus Monopolies Act (passed)  (Read 461 times)
Mr. Reactionary
blackraisin
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*****
Posts: 17,848
United States


Political Matrix
E: 5.45, S: -3.35

« on: January 10, 2023, 10:08:28 AM »
« edited: January 20, 2023, 12:16:27 PM by Mr. Reactionary »

Quote
NO BUS MONOPOLIES ACT

Quote
1. No transit bus manufacturing company shall hold more than a 35% market share of its respective industry for greater than one (1) year. A violation of this provision shall constitute an anti-trust violation. For purposes of this provision an investment firm who owns multiple transit bus manufacturing companies shall total all if its companies when determining market share.

2. The Attorney General and the FTC may enforce violations of these rules as unfair or deceptive acts prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act.

3. Regional and State Attorneys General may bring a civil action on behalf of their residents if they have reason to believe that their residents will be adversely affected by a violation of this act.

4. Any person wronged by a violation of this act may bring a civil lawsuit for an injunction or damages and may recover from such person damages for such injury plus $1,000 for each violation for up to five (5) years from any violation.

5. This law shall not preempt or supersede any Regional regulation that is stricter than this act.

6. This act shall take effect forty (40) days from the date of passage.

Sponsor: Reactionary
Debate on this bill is now open.
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Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,848
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #1 on: January 10, 2023, 01:14:52 PM »

This bill targets bus manufacturing monopolies which is an issue im dealing with irl. As most of you know, im a lawyer for a local government. Recently Berkshire Hathaway obtained controling interests in several bus manufacturers including Forest River. This gave them a very high market share and they immediately cancelled our and most other municipal bus purchase contracts. Now they have increased prices by like 60% which is clearly gouging not inflation. I wrote this in consultation with our transit director who said he wishes this would pass in real life.
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Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,848
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #2 on: January 13, 2023, 12:44:07 PM »

I am not familiar with the Federal Trade Commission Act, so I'll ask this question. What happens to a company that holds a 35% market share for more than a year?

It depends. Much of real life anti-trust law is more broad and debatable (i.e. are you engaging in anti-competitive behavior?). Market share is almost always a component but current law mostly declines to set a flat market share cap. This leads to years of costly litigation that delays action. Some background, I have previously worked as a lawyer on anti-trust class actions, both as plaintiff and defendant (hospital rental equipment, door manufacturing, health insurance, and stadium seating manufacturing) and it can take years just to get through evidence discovery. Then once the trial begins you debate for or against nebulous standards and case law.

There are other anti-trust types of enforcement that have flat violations where if you do X its automatically considered a violation. What this bill is doing is setting a market share consideration from the first type of anti-trust case and making it a per se violation under the 2nd type. This hopefully will reduce grounds for defense and cut down on litigation time and costs. Sort of like changing a speed limit from "dont drive too fast" to "35 MPH".
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Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,848
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #3 on: January 14, 2023, 09:17:12 AM »

So this bill has been on the floor the required 96 hours, has been debated, and appears to be uncontroversial to a broad consensus, so to help us get to the dozens of bills in the backlog, I hereby move that we proceed to a final vote on this bill. 24 hours to object.
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Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,848
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #4 on: January 16, 2023, 09:17:55 AM »

A final vote is now open on this bill lasting until noon eastern on Friday (99 hours) or until everyone votes, whichever occurs soonest. Please vote Aye, Nay, or Abstain.


Quote
NO BUS MONOPOLIES ACT

Quote
1. No transit bus manufacturing company shall hold more than a 35% market share of its respective industry for greater than one (1) year. A violation of this provision shall constitute an anti-trust violation. For purposes of this provision an investment firm who owns multiple transit bus manufacturing companies shall total all if its companies when determining market share.

2. The Attorney General and the FTC may enforce violations of these rules as unfair or deceptive acts prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act.

3. Regional and State Attorneys General may bring a civil action on behalf of their residents if they have reason to believe that their residents will be adversely affected by a violation of this act.

4. Any person wronged by a violation of this act may bring a civil lawsuit for an injunction or damages and may recover from such person damages for such injury plus $1,000 for each violation for up to five (5) years from any violation.

5. This law shall not preempt or supersede any Regional regulation that is stricter than this act.

6. This act shall take effect forty (40) days from the date of passage.
Logged
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,848
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #5 on: January 16, 2023, 09:30:13 AM »

Aye
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Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,848
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #6 on: January 20, 2023, 12:15:55 PM »

Bill passes 14-1-0-3.
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Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,848
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #7 on: January 20, 2023, 12:50:37 PM »

Quote
Quote
NO BUS MONOPOLIES ACT

Quote
1. No transit bus manufacturing company shall hold more than a 35% market share of its respective industry for greater than one (1) year. A violation of this provision shall constitute an anti-trust violation. For purposes of this provision an investment firm who owns multiple transit bus manufacturing companies shall total all if its companies when determining market share.

2. The Attorney General and the FTC may enforce violations of these rules as unfair or deceptive acts prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act.

3. Regional and State Attorneys General may bring a civil action on behalf of their residents if they have reason to believe that their residents will be adversely affected by a violation of this act.

4. Any person wronged by a violation of this act may bring a civil lawsuit for an injunction or damages and may recover from such person damages for such injury plus $1,000 for each violation for up to five (5) years from any violation.

5. This law shall not preempt or supersede any Regional regulation that is stricter than this act.

6. This act shall take effect forty (40) days from the date of passage.

Passed 14-1-0-3 in the Atlasian Senate Assembled.

- R, PPT
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