Competition and antitrust

S 2354: Commerce, Justice, Science, and Related Agencies Appropriations Act, 2026

Commerce, Justice, Science, and Related Agencies Appropriations Act, 2026

This bill provides FY2026 appropriations to the Department of Commerce, the Department of Justice (DOJ), the science agencies, and several related agencies.

The bill provides appropriations to the Department of Commerce for

  • the International Trade Administration,
  • the Bureau of Industry and Security,
  • the Economic Development Administration,
  • the Minority Business Development Agency,
  • Economic and Statistical Analysis,
  • the Bureau of the Census,
  • the National Telecommunications and Information Administration,
  • the U.S. Patent and Trademark Office,
  • the National Institute of Standards and Technology,
  • the National Oceanic and Atmospheric Administration, and
  • Departmental Management.

The bill provides appropriations to DOJ for

  • Justice Operations, Management, and Accountability;
  • the Executive Office for Immigration Review;
  • the Office of Inspector General;
  • the U.S. Parole Commission;
  • Legal Activities;
  • the U.S. Marshals Service;
  • the National Security Division;
  • Interagency Law Enforcement;
  • the Federal Bureau of Investigation;
  • the Drug Enforcement Administration;
  • the Bureau of Alcohol, Tobacco, Firearms and Explosives; and
  • the Federal Prison System.

The bill also provides appropriations to DOJ for state and local law enforcement activities, including

  • the Office on Violence Against Women,
  • the Office of Justice Programs, and
  • Community Oriented Policing Services (COPS).

The bill provides appropriations for science agencies, including

  • the Office of Science and Technology Policy,
  • the National Space Council,
  • National Aeronautics and Space Administration (NASA), and
  • the National Science Foundation.

The bill provides appropriations to related agencies, including

  • the Commission on Civil Rights,
  • the Equal Employment Opportunity Commission,
  • the U.S. International Trade Commission,
  • the Legal Services Corporation,
  • the Marine Mammal Commission,
  • the Office of the U.S. Trade Representative, and
  • the State Justice Institute.

The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

S 1095: Stop STALLING Act

Stop Significant and Time-wasting Abuse Limiting Legitimate Innovation of New Generics Act or the Stop STALLING Act

This bill makes it an unfair method of competition to submit an objectively baseless petition to the Food and Drug Administration (FDA) in an attempt to interfere with a competitor’s application for market approval of a drug.

The bill authorizes the Federal Trade Commission to sue an individual or entity that submits such a petition to the FDA. A party found liable in such a lawsuit is subject to civil penalties, such as a fine of up to $50,000 for each day that the FDA spent reviewing the baseless petition.

S 1041: Affordable Prescriptions for Patients Act

Affordable Prescriptions for Patients Act

This bill limits in certain instances the number of patents that the manufacturer of a biologic drug can assert in a lawsuit against a company seeking to sell a biosimilar version of that drug. (A biologic drug is produced through natural processes or isolated from natural sources. A biosimilar version is substantially similar to the original biologic, which is the reference product, and is often marketed as a less expensive alternative.)

The bill’s provisions apply to an existing framework that gives the biosimilar manufacturer an abbreviated path to Food and Drug Administration approval to sell the biosimilar. Specifically, if the biosimilar manufacturer completes certain actions under the framework, such as sharing certain information about its product with the reference product manufacturer, the bill limits the number of certain patents that the reference product manufacturer may assert in a lawsuit, such as patents that were filed more than four years after the reference product received market approval. The limit shall not apply to patents claiming certain methods for using the biologic drug.

The court in which the infringement lawsuit is filed may increase the limit if justice so requires or if there is good cause for the increase.

HR 1402: TICKET Act

Transparency In Charges for Key Events Ticketing Act or the TICKET Act

This bill requires ticket sellers (including sellers on the secondary market) for concerts, performances, sporting events, and similar activities to clearly and prominently disclose the total ticket price for the event at the time the ticket is first displayed to an individual (and anytime thereafter during the purchasing process). Prior to completing a purchase, ticket sellers also must provide an itemized list of the base ticket price and each fee (e.g., service fee, processing fee, or other charge). The total ticket price must also be disclosed in any advertisement, marketing, or price list.

Additionally, a ticket seller, secondary market seller, or ticket exchange that does not have actual or constructive possession of an event ticket is prohibited from selling or advertising a ticket for the event. However, a secondary market seller or exchange may sell or advertise a service to obtain an event ticket for an individual if the seller or exchange (1) does not market the service as an event ticket, (2) maintains a clear separation between the provided service and the event tickets throughout the entire purchasing process, and (3) clearly discloses that the service is not an event ticket.

The bill establishes additional disclosure requirements for ticket sellers, secondary market sellers, and ticket exchanges, and requires such entities to issue a refund for the total ticket price if an event is canceled or postponed.

The Federal Trade Commission must enforce these requirements.

HR 832: Small Business Advocacy Improvements Act of 2025

Small Business Advocacy Improvements Act of 2025

This bill expands the primary functions and additional duties of the Office of Advocacy of the Small Business Administration to include (1) examining the role of small businesses in the international economy, and (2) representing the views and interests of small businesses before foreign governments and international entities to contribute to regulatory and trade initiatives that may affect small businesses.

S 281: TICKET Act

Transparency In Charges for Key Events Ticketing Act or the TICKET Act

This bill requires ticket sellers (including sellers on the secondary market) for concerts, performances, sporting events, and similar activities to clearly and prominently disclose the total ticket price for the event at the time the ticket is first displayed to an individual (and anytime thereafter during the purchasing process). Prior to completing a purchase, ticket sellers also must provide an itemized list of the base ticket price and each fee (e.g., service fee, processing fee, or other charge). The total ticket price must also be disclosed in any advertisement, marketing, or price list.

Additionally, a ticket seller, secondary market seller, or ticket exchange that does not have actual or constructive possession of an event ticket is prohibited from selling or advertising a ticket for the event. However, a secondary market seller or exchange may sell or advertise a service to obtain an event ticket for an individual if the seller or exchange (1) does not market the service as an event ticket, (2) maintains a clear separation between the provided service and the event tickets throughout the entire purchasing process, and (3) clearly discloses that the service is not an event ticket.

The bill establishes additional disclosure requirements for ticket sellers, secondary market sellers, and ticket exchanges, and requires such entities to issue a refund for the total ticket price if an event is canceled or postponed.

The Federal Trade Commission must enforce these requirements.

S 77: Early Participation in Regulations Act of 2025

Early Participation in Regulations Act of 2025

This bill directs agencies to publish an advance notice of a proposed rulemaking at least 90 days before publishing a notice of proposed rulemaking for a major rule. A major rule is a rule that the Office of Information and Regulatory Affairs (OIRA) determines is likely to impose (1) an annual economic effect of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or the ability of U.S. enterprises to compete with foreign-based enterprises.

The advance notice must

  • include a description of the problem the rule may address, alternatives under consideration, and the legal authority for proposing the rule; and
  • solicit and provide at least 30 days for submission of written data, views, and argument from interested persons.

Any difference between such advance notice and the notice of proposed rulemaking may not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law for the purposes of review under the Administrative Procedure Act.

Advance notice is not required if the proposing agency is not required to publish notice of proposed rulemaking or OIRA finds that advance notice is (1) not in the public interest, (2) duplicative of a similar process, (3) not practicable due to a required deadline, or (4) for a rule that is routine or periodic in nature.

S 76: SMART Act of 2025

Setting Manageable Analysis Requirements in Text Act of 2025 or the SMART Act of 2025

This bill requires agencies, when publishing a proposed or final major rule, to include a framework for assessing whether the rule achieves its regulatory objective. An agency must assess a rule in the time frame included in the framework. The assessment must compare the rule’s anticipated and actual benefits and costs.

Additionally, the assessment must determine whether (1) the rule has been rendered unnecessary because of changes to the subject area affected by the rule or it overlaps with, duplicates, or conflicts with other rules, or state and local government regulations; (2) the rule should be expanded, streamlined, or otherwise modified to accomplish the rule’s objective; and (3) other alternatives or modifications to the rule could better achieve the rule’s objective. 

The bill defines a major rule as a rule likely to cause (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. 

HR 142: Regulations from the Executive in Need of Scrutiny Act of 2025

Regulations from the Executive in Need of Scrutiny Act of 2025

This bill revises provisions relating to congressional review of agency rulemaking.

Specifically, the bill establishes a congressional approval process for a major rule. A major rule may only take effect if Congress approves of the rule. A major rule is a rule that has resulted in or is likely to result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.

The bill generally preserves the current congressional review process for a nonmajor rule.