Antitrust Freedom Act of 2026

#3638 | S Congress #119

Policy Area: Commerce
Subjects:

Last Action: Read twice and referred to the Committee on the Judiciary. (1/14/2026)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Antitrust Freedom Act of 2026" is legislation aimed at clarifying and expanding the scope of voluntary economic activities among individuals. It explicitly states that existing antitrust laws, including the Sherman Act, the Clayton Act, and the Federal Trade Commission Act, should not be interpreted to prohibit or restrict individuals or groups from engaging in voluntary economic coordination, cooperation, agreements, or contracts. Essentially, this act seeks to provide individuals and groups with the freedom to collaborate economically without the fear of violating antitrust regulations, thereby promoting greater flexibility in economic interactions and partnerships.

Possible Impacts

Here are three examples of how the "Antitrust Freedom Act of 2026" could affect people:

1. **Increased Collaboration Among Small Businesses**: The legislation would allow small businesses to engage in voluntary economic coordination without the fear of antitrust violations. This could result in more partnerships, joint marketing efforts, and shared resources among small businesses, potentially leading to increased competitiveness against larger corporations. For example, local restaurants might collaborate on a shared delivery service, enhancing their market reach.

2. **Formation of Worker Cooperatives**: Individuals could form cooperatives or other collective businesses more freely, as the act would remove legal barriers related to antitrust laws. This could empower workers to band together, pool resources, and share profits more equitably. For instance, a group of freelance graphic designers could create a cooperative to bid on larger projects collectively, thereby ensuring better compensation and job security.

3. **Potential for Anti-competitive Practices**: While the act promotes voluntary coordination, it could also lead to scenarios where individuals or groups engage in anti-competitive practices without legal repercussions. For instance, a group of companies in a specific industry might form agreements to fix prices or eliminate competition, ultimately harming consumers by leading to higher prices and reduced choices in the market.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3638 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  2d Session
                                S. 3638

                 To permit voluntary economic activity.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 14, 2026

   Mr. Paul introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                 To permit voluntary economic activity.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antitrust Freedom Act of 2026''.

SEC. 2. VOLUNTARY ECONOMIC COORDINATION BY INDIVIDUALS.

    The Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 
12 et seq.), and section 5 of the Federal Trade Commission Act (15 
U.S.C. 45) shall not be construed to prohibit, ban, or otherwise extend 
to any voluntary economic coordination, cooperation, agreement, or 
other association, compact, contract, or covenant entered into by or 
between any individual or group of individuals.
                                 <all>