Sec. 2. Findings and purposes
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Congress finds that— competitive markets are critical to ensuring opportunity for all people in the United States; when companies compete, businesses offer the highest quality and choice of goods and services for the lowest possible prices to consumers and other businesses; competition fosters small business growth, reduces economic inequality, and spurs innovation; in the United States economy today, the exercise of market power is substantial and growing; anticompetitive exclusionary conduct is an important source of market power and a substantial threat to the United States economy; the exercise of market power tends to lessen the rate of innovation, slow the growth of productivity, and increase economic inequality in the directly affected markets and economy-wide; the civil remedies currently available to cure violations of section 2 of the Sherman Act ( 15 U.S.C. 2 ), including injunctions, equitable monetary relief, and private damages, have not proven sufficient, on their own, to deter anticompetitive exclusionary conduct; and in some cases, effective deterrence requires the imposition of civil penalties, alone or in combination with existing remedies, including structural relief, behavioral relief, private damages, and equitable monetary relief, including disgorgement and restitution.
The purposes of this Act are— to enable the Department of Justice and the Federal Trade Commission to seek civil monetary penalties, in addition to existing remedies, for monopolization offenses and anticompetitive exclusionary conduct; and to give the Department of Justice and the Federal Trade Commission an additional enforcement tool to craft remedies for individual violations that are effective to deter future unlawful conduct and proportionate to the gravity of the violation.
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