(1) CHAIR.—The term ‘‘Chair’’ means the 
Chair of the Commission. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(3) CONSCIOUSLY PARALLEL PRICING COORDI-
NATION.—The term ‘‘consciously parallel pricing co-
ordination’’ means a tacit agreement between 2 or 
more rental property owners to raise, lower, change, 
maintain, or manipulate pricing for the purchase or 
sale of reasonably interchangeable products or serv-
ices. 
(4) COORDINATING FUNCTION.—The term ‘‘co-
ordinating function’’ means— 
(A) collecting historical or contempora-
neous prices, supply levels, or lease or rental 
contract termination and renewal dates of resi-
dential dwelling units from 2 or more rental 
property owners; 
(B) analyzing or processing of the informa-
tion described in subparagraph (A) using a sys-
tem, software, or process that uses computa-
tion, including by using that information to 
train an algorithm; and 
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(C) recommending rental prices, lease re-
newal terms, or ideal occupancy levels to a rent-
al property owner. 
(5) COORDINATOR.—The term ‘‘coordinator’’ 
means any person that operates a software or data 
analytics service that performs a coordinating func-
tion for any rental property owner, including a rent-
al property owner performing a coordinating func-
tion for their own benefit. 
(6) PERSON.—The term ‘‘person’’ has the 
meaning given the term in subsection (a) of the first 
section of the Clayton Act (15 U.S.C. 12). 
(7) PRE-DISPUTE ARBITRATION AGREEMENT.— 
The term ‘‘pre-dispute arbitration agreement’’ 
means an agreement between 2 or more parties to 
arbitrate a dispute between the parties that is made 
before any dispute has arisen. 
(8) PRE-DISPUTE JOINT ACTION WAIVER.—The 
term ‘‘pre-dispute joint action waiver’’ means an 
agreement between 2 or more parties, which may be 
part of a pre-dispute arbitration agreement, that— 
(A) would prohibit or waive the right of a 
party to participate in a joint, class, or collec-
tive action in a judicial, arbitral, administrative, 
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or other forum relating to a dispute between 
parties; and 
(B) is made before any dispute has arisen. 
(9) RESIDENTIAL DWELLING UNIT.—The term 
‘‘residential dwelling unit’’— 
(A) means any house, apartment, accessory 
unit, or other unit intended to be used as a pri-
mary residence; and 
(B) does not include inpatient medical 
care, licensed long-term care, and detention or 
correctional facilities. 
(10) RENTAL
PROPERTY
OWNER.—The term 
‘‘rental property owner’’ means any individual, cor-
poration, partnership, association, joint-stock compa-
nies, trusts, or unincorporated organizations that 
owns real property and leases or rents such property 
or any portion thereof in the form of 4 or more resi-
dential dwelling units. 
(11) STATE.—The term ‘‘State’’ means any 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, and any territory 
or possession of the United States. 
SEC. 3. UNLAWFUL CONDUCT. 
(a) IN GENERAL.— 
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(1) CONTRACT OR CONSPIRACY IN RESTRAINT 
OF
TRADE.—It is unlawful for a rental property 
owner, in or affecting commerce, or any agent or 
subcontractor thereof, to subscribe to, contract with, 
or otherwise exchange anything of value in return 
for the services of a coordinator, and such action 
shall be deemed to be a per se violation of the Sher-
man Act (15 U.S.C. 1 et seq.). 
(2) FACILITATION.—It is unlawful for a coordi-
nator, in or affecting commerce, to facilitate an 
agreement among rental property owners to not 
compete with respect to residential dwelling units, 
including by performing a coordinating function. 
(3) ANTI-COMPETITIVE MERGER.—It is unlaw-
ful for any coordinator, in or affecting commerce, to 
acquire, directly or indirectly, the whole or any part 
of the stock or other share capital of another coordi-
nator if the acquisition would create an appreciable 
risk of materially lessening competition in violation 
of section 7 of the Clayton Act (15 U.S.C. 18), or 
tend to create a monopoly or monopsony, and any 
such acquisition shall be deemed a violation of such 
section. 
SEC. 4. ENFORCEMENT. 
(a) ENFORCEMENT.— 
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(1) IN GENERAL.— 
(A) FEDERAL
TRADE
COMMISSION.—The 
Commission shall enforce this Act in the same 
manner, by the same means, and with the same 
jurisdiction, powers, and duties as though all 
applicable terms of the Federal Trade Commis-
sion Act (15 U.S.C. 41 et seq.) were incor-
porated into and made a part of this Act. 
(B) ATTORNEY GENERAL.—The Attorney 
General shall enforce this Act in the same man-
ner, by the same means, and with the same ju-
risdiction, powers and duties as though all ap-
plicable terms of the Sherman Act (15 U.S.C. 
1 et seq.), Clayton Act (15 U.S.C. 12 et seq.), 
and Antitrust Civil Process Act (15 U.S.C. 
1311 et seq.) were incorporated into and made 
a part of this Act. 
(C) STATE
ATTORNEYS
GENERAL.—Any 
attorney general of a State shall enforce this 
Act in the same manner, by the same means, 
and with the same jurisdiction, powers and du-
ties as though all applicable terms of the Sher-
man Act (15 U.S.C. 1 et seq.) and the Clayton 
Act (15 U.S.C. 12 et seq.) were incorporated 
into and made a part of this Act. 
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(2) UNFAIR
METHODS
OF
COMPETITION.—A 
violation of this Act shall also constitute an unfair 
method of competition under section 5 of the Fed-
eral Trade Commission Act (15 U.S.C. 45). 
(3) INDEPENDENT LITIGATION AUTHORITY.—If 
the Commission has reason to believe that a person 
violated this Act, the Commission may commence a 
civil action, in its own name by any of its attorneys 
designated by it for such purpose, to recover a civil 
penalty and seek other appropriate relief in any dis-
trict court of the United States. 
(4) STANDARDS OF PLEADING.—In a civil ac-
tion under this subsection, a complaint— 
(A) plausibly pleads a violation of section 
1 or 3(a) of the Sherman Act (15 U.S.C. 1, 
3(a)) if the complaint contains factual allega-
tions, including allegations of consciously par-
allel pricing coordination, demonstrating that 
the existence of a contract, combination in the 
form of trust or otherwise, or conspiracy in re-
straint of trade or commerce is among the 
realm of plausible possibilities; and 
(B) need not allege facts tending to ex-
clude the possibility of independent action. 
(b) CIVIL ACTIONS BY INJURED PERSONS.— 
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(1) CIVIL
ACTION
AUTHORIZED.—Any person 
who is aggrieved by a violation of this Act may bring 
a civil action in an appropriate district court of the 
United States, without respect to the amount in con-
troversy, to recover an amount described in para-
graph (2). 
(2) AWARD AMOUNT.— 
(A) IN GENERAL.—The court shall award 
to the plaintiff threefold the damages sustained 
by the plaintiff and the reasonable cost of liti-
gation, including a reasonable attorney fee. 
(B) INTEREST ON DAMAGES.—Pursuant to 
a motion by the plaintiff promptly made, the 
court may award simple interest on actual dam-
ages sustained by the plaintiff for the period 
beginning on the date of service of the pleading 
of the plaintiff setting forth a claim under this 
Act and ending on the date of judgment, or for 
any shorter period therein. 
(3) INVALIDITY OF PRE-DISPUTE ARBITRATION 
AGREEMENTS
AND
PRE-DISPUTE
JOINT
ACTION 
WAIVERS.—At the election of the plaintiff in an ac-
tion authorized under paragraph (1), a pre-dispute 
arbitration agreement or pre-dispute joint action 
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waiver relating to a violation of this Act shall be in-
valid or unenforceable. 
SEC. 5. RELATIONSHIP TO STATE AND LOCAL LAWS. 
Nothing in this Act may be construed to preempt any 
State, Tribal, city, or local law, regulation, or ordinance 
that explicitly supplements this Act. 
SEC. 6. SEVERABILITY. 
If any provision of this Act, or the application of such 
a provision to any person or circumstance, is held to be 
unconstitutional, the remaining provisions of this Act, and 
the application of such provisions to any person or cir-
cumstance shall not be affected thereby. 
Æ 
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