‘‘(i) on balance, the pro-competitive 
benefits from the conduct described in sub-
paragraph (A) or (B) of paragraph (1), as 
applicable, do not outweigh any anti-
competitive effects of the conduct, even in 
consideration of the justification so offered; 
or 
‘‘(ii)(I) the conduct described in para-
graph (1) is not reasonably necessary to 
address or achieve the justifications de-
scribed in clause (ii) of paragraph (2)(A); 
or 
‘‘(II) the justifications described in 
clause (ii) of paragraph (2)(A) could be 
reasonably addressed or achieved through 
less anticompetitive means. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—If the Commission has rea-
son to believe that any manufacturer has violated, is 
violating, or is about to violate this section, or a rule 
promulgated under this section, the Commission 
may take any of the following actions: 
‘‘(A) Institute a proceeding under section 
5(b). 
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‘‘(B) In the same manner and to the same 
extent as provided in section 13(b), bring suit 
in a district court of the United States to tem-
porarily enjoin the action of the manufacturer. 
‘‘(C) Bring suit in a district court of the 
United States, in which the Commission may 
seek— 
‘‘(i) to permanently enjoin the action 
of the manufacturer; 
‘‘(ii) any of the remedies described in 
paragraph (3); and 
‘‘(iii) any other equitable remedy, in-
cluding ancillary equitable relief. 
‘‘(2) JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
provision of section 5, any manufacturer that is 
subject to a final cease and desist order issued 
in a proceeding to enforce this section, or a rule 
promulgated under this section, may, not later 
than 30 days after the date on which the Com-
mission issues the order, petition for review of 
the order in— 
‘‘(i) the United States Court of Ap-
peals for the District of Columbia Circuit; 
or 
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‘‘(ii) the court of appeals of the 
United States for the circuit in which the 
ultimate parent entity of the manufacturer 
is incorporated. 
‘‘(B) TREATMENT OF FINDINGS.—In a re-
view of a final cease and desist order conducted 
by a court of appeals of the United States 
under subparagraph (A), the factual findings of 
the Commission shall be conclusive if those 
facts are supported by the evidence. 
‘‘(3) EQUITABLE REMEDIES.— 
‘‘(A) DISGORGEMENT.— 
‘‘(i) IN GENERAL.—In a suit brought 
under paragraph (1)(C), the Commission 
may seek, and the court may order, 
disgorgement of any unjust enrichment 
that a person obtained as a result of the 
violation that gives rise to the suit. 
‘‘(ii) 
CALCULATION.—Any 
disgorgement that is ordered with respect 
to a person under clause (i) shall be offset 
by any amount of restitution ordered 
under subparagraph (B). 
‘‘(iii) 
LIMITATIONS
PERIOD.—The 
Commission may seek disgorgement under 
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this subparagraph not later than 5 years 
after the latest date on which the person 
from which the disgorgement is sought re-
ceives any unjust enrichment from the ef-
fects of the violation that gives rise to the 
suit in which the Commission seeks the 
disgorgement. 
‘‘(B) RESTITUTION.— 
‘‘(i) IN GENERAL.—In a suit brought 
under paragraph (1)(C), the Commission 
may seek, and the court may order, res-
titution with respect to the violation that 
gives rise to the suit. 
‘‘(ii) 
LIMITATIONS
PERIOD.—The 
Commission may seek restitution under 
this subparagraph not later than 5 years 
after the latest date on which the person 
from which the restitution is sought re-
ceives any unjust enrichment from the ef-
fects of the violation that gives rise to the 
suit in which the Commission seeks the 
restitution. 
‘‘(4) RULES
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed as— 
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‘‘(A) requiring the Commission to bring a 
suit seeking a temporary injunction under para-
graph (1)(B) before bringing a suit seeking a 
permanent injunction under paragraph (1)(C); 
or 
‘‘(B) affecting the authority of the Federal 
Trade Commission under any other provision of 
law.’’. 
(b) APPLICABILITY.—Section 27 of the Federal 
Trade Commission Act, as added by subsection (a), shall 
apply with respect to any— 
(1) conduct that occurs on or after the date of 
enactment of this Act; and 
(2) action or proceeding that is commenced on 
or after the date of enactment of this Act. 
(c) ANTITRUST LAWS.—Except to the extent sub-
section (a) establishes an additional basis for liability 
under the Federal Trade Commission Act (15 U.S.C. 41 
et seq.), nothing in this section, or the amendments made 
by this section, shall modify, impair, limit, or supersede 
the applicability of the antitrust laws as defined in sub-
section (a) of the first section of the Clayton Act (15 
U.S.C. 12(a)), and of section 5 of the Federal Trade Com-
mission Act (15 U.S.C. 45) to the extent that it applies 
to unfair methods of competition. 
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