Sec. 506. Balancing harm and benefits
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/bill/117/s/2039/is/section-506·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Clayton Act ( 15 U.S.C. 12 et seq. ) is amended— by redesignating section 28 ( 15 U.S.C. 27 ) as section 31; and by inserting after section 27 the following: In any civil action brought under this Act or the Sherman Act ( 15 U.S.C. 1 et seq. ), a court may consider a benefit, efficiency, or other mitigating factor only to the degree that it— is tied to the market in which competition or consumers are harmed; can reasonably be achieved only through the conduct or transaction at issue; is reasonably quantifiable; will accrue to the consumer; and has a high likelihood of being achieved.
In examining the competitive effects of conduct or a transaction challenged under any of the antitrust laws, a court shall consider exclusively the effects of the challenged conduct or transaction on consumer welfare, including price, output, quality, innovation, and consumer choice. Nothing in this section shall be construed to require that, in the aggregate, in-market benefits, efficiencies, or mitigating factors outnumber or outweigh any out-of-market benefits, efficiencies, or mitigating factors.
In this section, the term consumer includes buyers and sellers. .
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