Technical corrections only. The changes reflect the bill's procedural status, specifically its passage in the House and referral to the Senate, and include the Clerk's name. No substantive policy changes were made between v3 and v4.
Main Street Competes Act
- Sponsor
- Rep. Scholten, Hillary J. [D-MI-3]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 24, 2026
Bottom line
The bill aims to enhance the focus of federal antitrust enforcement on protecting and promoting small businesses by increasing transparency and accountability from key enforcement agencies.
What it actually does
This bill, the "Main Street Competes Act," amends the Small Business Economic Policy Act of 1980 to explicitly include promoting competitive markets and small business growth through antitrust enforcement as a congressional policy. It mandates that the Department of Justice and the Federal Trade Commission report biennially on their antitrust enforcement activities related to small businesses, including complaints received and actions taken. The Small Business Administration's Office of Advocacy is then required to synthesize these reports, analyze the data, and provide recommendations for administrative and legislative actions to further support small business competitiveness through antitrust measures.
Proponents argue
Supporters argue that small businesses are often disproportionately harmed by anticompetitive conduct and illegal mergers, facing significant barriers to entry and growth when larger entities dominate markets. This bill would ensure that federal antitrust agencies are actively tracking and addressing these issues, providing valuable data and recommendations to strengthen competition and foster a more equitable economic landscape for small enterprises. It provides a mechanism for regular review and policy adjustments to protect "Main Street" businesses.
Opponents contend
Critics might argue that existing antitrust laws and enforcement mechanisms are already sufficient to protect all businesses, including small ones, and that creating a specific reporting requirement for small businesses could lead to an unnecessary bureaucratic burden on enforcement agencies. They might also contend that focusing specifically on small businesses could divert resources from broader antitrust issues that affect the entire economy, or that it risks politicizing enforcement by creating a special interest focus rather than a neutral application of law.
The bill is short and clearly written, allowing a reader to quickly grasp its core provisions and implications.
Section 2
Amending Congressional Declaration of Small Business Economic Policy
This section updates the foundational Small Business Economic Policy Act of 1980. It explicitly adds the promotion of competitive markets, consumer choice, and business ownership through federal antitrust law enforcement as a core congressional policy. This means the stated purpose of the Act now includes protecting small businesses from anticompetitive conduct and illegal mergers.
Supporters argue
Supporters argue that this amendment provides a clear legislative directive, reinforcing the importance of small business protection within the broader antitrust framework. It ensures that the spirit of antitrust law is explicitly tied to fostering a competitive environment where small businesses can thrive.
Critics contend
No specific opposition is typically raised against such policy declarations, as they are generally seen as aspirational statements. However, some might argue it's redundant if antitrust laws already cover all businesses.
Tradeoffs
This provision primarily clarifies intent rather than creating new enforcement powers, so direct tradeoffs are minimal. The tension might be in how broadly or narrowly "harm to small businesses" is interpreted within existing antitrust statutes.
Section 3(a) (amending Section 303)
Biennial Reports from DOJ and FTC on Small Business Antitrust Enforcement
This provision mandates that the Department of Justice and the Federal Trade Commission, the two primary federal antitrust enforcement agencies, submit biennial reports to the Small Business Administration's Office of Advocacy. These reports must detail how their antitrust enforcement activities have promoted small business competition, including the number of small business complaints received, and the investigations and enforcement actions undertaken in response to these complaints or initiated to protect small businesses.
Section 3(b) (amending Section 303)
Biennial Report from SBA Office of Advocacy to Congress
This section requires the Chief Counsel for Advocacy of the Small Business Administration (SBA) to compile and analyze the reports received from the DOJ and FTC. The SBA's Office of Advocacy must then submit its own biennial report to the House and Senate Small Business Committees. This report will summarize the enforcement agencies' findings, analyze the data by industry, evaluate issues related to anticompetitive conduct affecting small businesses, and provide recommendations for both administrative and legislative actions to promote competition and deter harmful practices.
Defines "Federal antitrust laws" to include Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) specifically for "unfair methods of competition," in addition to the standard definition from the Clayton Act.
Section 3(b) (adding Section 304(2))
Why it matters:This is standard legislative practice to define terms precisely. It's not necessarily evasive but requires careful reading to understand the full scope.
Case for: Supporters would argue that including Section 5 of the FTC Act is essential because it grants the FTC broader authority to address a wider range of anticompetitive practices that might harm small businesses, even if they don't fit neatly into traditional antitrust categories. This ensures a more comprehensive reporting and enforcement focus.
Case against: Critics might argue that expanding the definition to include the broader "unfair methods of competition" could lead to ambiguity in reporting and enforcement, potentially blurring the lines between traditional antitrust violations and other business practices. This could make it harder for agencies to consistently categorize and report on actions.
Estimated impact: This expands the scope of reportable activities for the FTC, potentially increasing the number and type of actions considered relevant to small business antitrust enforcement.