AB 325 (Aguiar-Curry D) Cartwright Act: violations.AB 325 (Aguiar-Curry D) Cartwright Act: violation

Current Text: Chaptered: 10/6/2025 html pdf
Last Amend: 9/5/2025
Status: 10/6/2025-Chaptered by Secretary of State - Chapter 338, Statutes of 2025
Location: 10/6/2025-A. CHAPTERED
Summary: Current law imposes various requirements on the Attorney General related to consumer
protection, including, among others, the supervision of charitable trusts and the enforcement of
antitrust laws. The Cartwright Act identifies certain acts that are unlawful restraints of trade and
unlawful trusts and prescribes provisions for its enforcement. Current law requires a complaint or
cross-complaint to contain, among other things, a statement of facts constituting the cause of action,
in ordinary and concise language. This bill would instead provide that in a complaint for any violation of
the Cartwright Act, it is sufficient to contain factual allegations demonstrating that the existence of a
contract, combination in the form of a trust, or conspiracy to restrain trade or commerce is plausible.
The bill would provide that a complaint for any violation of the Cartwright Act is not required to allege
facts tending to exclude the possibility of independent action. This bill would also make it unlawful for a
person to use or distribute a common pricing algorithm as part of a contract, combination in the form of
a trust, or conspiracy to restrain trade or commerce. The bill would make it unlawful for a person to use
or distribute a common pricing algorithm if the person coerces another person to set or adopt a
recommended price or commercial term recommended by the common pricing algorithm for the same or
similar products or services in the jurisdiction of the state.