In a recent meeting of the California Assembly Judiciary Committee, lawmakers discussed significant updates to the state's antitrust laws, focusing on Senate Bill 763. This legislation, sponsored by Attorney General Rob Bonta and introduced by Senator Hurtado, aims to modernize California's approach to corporate misconduct and enhance penalties for anti-competitive behavior.
The bill addresses a pressing concern: the increasing concentration of market power among monopolies and oligopolies over the past two decades. As Deputy Attorney General Anthony Liu pointed out, California's current penalties for anti-competitive actions are outdated and insufficient, often amounting to little more than a cost of doing business for large corporations. SB 763 proposes civil penalties of up to $1 million per violation, which would align California with 44 other states that already impose such penalties. This change is crucial as it would allow courts to consider the severity and persistence of misconduct when determining fines.
Additionally, the bill introduces criminal fines of up to $6 million for corporations and $1 million for individuals, marking the first significant update to these amounts in decades. Liu emphasized the importance of state-level enforcement, especially in light of uncertainties regarding federal antitrust enforcement under the current administration. If federal authorities reduce their efforts, California must be prepared to take a more active role in regulating corporate behavior.
Support for SB 763 was voiced by various organizations, including the California Nurses Association and the Writers Guild of America West, highlighting a broad coalition backing the bill. However, opposition was noted from the California Chamber of Commerce, which argued that the bill is premature given that the California Law Revision Commission is nearing completion of a comprehensive study on the state's antitrust laws.
The discussions in this meeting underscore a critical moment for California's regulatory framework, as lawmakers consider how best to protect consumers and promote fair competition in an increasingly consolidated market. As the committee moves forward, the outcome of SB 763 could significantly reshape the landscape of corporate accountability in the state.