Senate adopts new antitrust standard allowing 'abuse of dominance' claims; supporters call it modernization, opponents warn of lawsuits targeting small firms

The New York State Senate passed legislation intended to modernize state antitrust enforcement by creating or clarifying an “abuse of dominance” standard in state law. Sponsor Senator Gianaris described the change as an update to century‑old antitrust law, aligning New York with approaches used in other countries and enabling the state to pursue monopolistic conduct more effectively.

Supporters said the measure will strengthen consumer protection, allow state prosecutors to address modern market abuses, and give New York a stronger tool to challenge large firms that exercise market power.

Opponents — including Senator George Borrello — raised concerns that the law’s language could be used by private plaintiffs and plaintiff firms to pursue broad litigation against small businesses in rural areas, as well as entities operating under exclusive compacts (for example, Native American gaming compacts). Borrello and other critics said the bill risked creating a litigation environment that would encourage “bounty hunter” lawsuits and impose legal costs on small operators.

Floor debate referenced submissions from business groups, including the Farm Bureau and banking interests, that the transcript said had circulated memoranda opposing the bill. Supporters countered that New York has long had antitrust authority and that modern enforcement is necessary to curb anti‑competitive conduct in today’s economy.

The Senate recorded Ayes 39 and Nays 21 on the measure; the bill passed and will move to the next step in the legislative process.

Ending: The enacted statutory language will be interpreted and enforced by state attorneys general and private litigants; proponents said the change is a needed modernization, while opponents signaled they may pursue legal or political remedies to narrow the law’s scope.