H.R. 10904: American Cost of Living Defense Act

This bill would require the Federal Trade Commission (FTC) to set up a federal working group within one year to study market concentration and monopoly activity in certain parts of the economy. The group would bring together officials from multiple agencies, including the Department of Justice, the Consumer Financial Protection Bureau, the Census Bureau, the Bureau of Labor Statistics, the Departments of Agriculture, Commerce, Health and Human Services, Housing and Urban Development, Treasury, and Transportation, the FCC, and the FTC, along with any other agency the FTC thinks is appropriate.

The working group would develop a method for tracking and reporting on how concentrated these markets are, how many large firms dominate them, and whether there are signs of monopoly behavior. The bill says the FTC should use existing data where possible and coordinate with the Bureau of Labor Statistics so the sectors line up with categories used in inflation measures like the Consumer Price Index.

Within two years after enactment, and every three years after that, the FTC would have to publish a public report on its website. That report would need to cover:

• how concentrated the covered sectors are and whether monopoly activity is present;
• corporate or supply-chain bottlenecks that may be pushing consumer prices up;
• platforms or services that could be used for price coordination or price discrimination;
• the market share of the top four firms in each covered sector, identified by name; and
• recommendations for using existing legal authorities to address concentration and monopoly activity.

The report would also need to include charts or graphs so the public can more easily understand the data.

The bill defines the covered sectors broadly as everyday goods and services consumers regularly buy to meet basic needs. The list may include food items like bread, beef, poultry, eggs, milk, fruit, vegetables, coffee, and baby formula; fuel; household and personal care items; medical goods and drugs; rent; telecommunications services; and consumer financial products.

The bill also says the normal Paperwork Reduction Act rules would not apply to information collection done to implement this section.

Relevant Companies

• WMT — Walmart could be directly discussed in reports about grocery, household goods, and consumer product concentration.
• COST — Costco could be included in concentration analysis for food, household supplies, and consumer staples.
• KO — Coca-Cola could be affected through reporting on nonalcoholic beverages.
• PEP — PepsiCo could be affected through reporting on beverages and food products.
• CVX — Chevron could be affected through reporting on motor fuel market concentration.
• XOM — Exxon Mobil could be affected through reporting on motor fuel market concentration.
• CVS — CVS Health could be directly impacted by reporting on prescription drugs, medical supplies, and consumer health products.
• WBA — Walgreens Boots Alliance could be directly impacted by reporting on pharmacy, drug, and personal care markets.
• AMZN — Amazon could be affected if the FTC examines market concentration in consumer goods, telecommunications-related services, or platforms used for pricing coordination.
• T — AT&T could be affected through reporting on telecommunications services.
• VZ — Verizon could be affected through reporting on telecommunications services.
• CMCSA — Comcast could be affected through reporting on telecommunications services.
• JPM — JPMorgan Chase could be affected through reporting on consumer financial products.
• BAC — Bank of America could be affected through reporting on consumer financial products.