NCJ Number
81720
Date Published
1980
Length
51 pages
Annotation
This report of the House Committee on Small Business presents its recommendations on H.R. 5103, a bill intended to increase the access of small business to Federal courts.
Abstract
Title I of H.R. 5103 is designed to deter violations of antitrust laws which injure small businesses and to provide small businesses with easier access to the Federal courts to obtain compensation for injuries sustained due to a violation of such laws. This easier access would be provided by establishing a new procedure under which small businesses could join together to bring a class action type lawsuit. Title II is designed to permit a new, less cumbersome and less expensive appeal of a decision by a Federal agency imposing a civil penalty on a small business for violation of a Federal law or regulation. Title III is designed to permit an evaluation by the Congress and the President of the effectiveness of the preceding titles in assisting small business in obtaining easier access to justice. The committee views Title I as making litigation by small business and others a credible and more easily enforceable threat to those contemplating violation of a law which would inflict widespread injury. By authorizing an immediate appeal of the appropriateness of a penalty to a magistrate, Title II is seen by the committee as allowing an aggrieved small business to bypass a time consuming, possibly inherently biased and expensive procedure. The committee unanimously endorses the bill and urges its prompt consideration and approval by the House. A copy of the bill is provided, along with a section-by-section analysis.