(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 food producers to raise, lower, change, main-
tain, or manipulate pricing for the purchase or sale 
of reasonably interchangeable food products. 
(4) COORDINATING FUNCTION.—The term ‘‘co-
ordinating function’’ means— 
(A) collecting historical or contempora-
neous food product prices or supply levels from 
2 or more food producers; 
(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 
(C) recommending food prices, supply or 
output, or other commercial term to a food pro-
ducer. 
(5) COORDINATOR.—The term ‘‘coordinator’’ 
means any person that operates a software or data 
analytics service that performs a coordinating func-
tion for any food producer, including a food pro-
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ducer performing a coordinating function for their 
own benefit. 
(6) FOOD.—The term ‘‘food’’ has the meaning 
given the term in the 321st section of the Food, 
Drug and Cosmetic Act (21 U.S.C. 321). 
(7) FOOD
PRODUCER.—The term ‘‘food pro-
ducer’’ means any individual, corporation, or entity 
engaged in the manufacturing, processing, or pro-
duction of food products for commercial distribution. 
(8) PERSON.—The term ‘‘person’’ has the 
meaning given the term in the 1st section of the 
Clayton Act (15 U.S.C. 12). 
(9) 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. 
(10) 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. 
(11) STATE.—The term ‘‘State’’ means any of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, or any territory or 
possession of the United States. 
SEC. 3. UNLAWFUL CONDUCT. 
(a) IN GENERAL.— 
(1) CONTRACT OR CONSPIRACY IN RESTRAINT 
OF TRADE.—It is unlawful for a food producer, in 
or affecting commerce, or any agent or subcon-
tractor thereof, to subscribe to, contract with, or 
otherwise exchange anything of value or use in re-
turn for the services of a coordinator, and such ac-
tion shall be deemed to be a per se violation of the 
Sherman 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 food producers to not compete 
with respect to food prices, supply or output, or 
other commercial term, including by performing a 
coordinating function. 
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, 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 FEDERAL ANTITRUST LAWS. 
Nothing in this Act, or any amendment made by this 
Act, shall be construed to modify, impair, or supersede 
the operation of any of the antitrust laws 
SEC. 6. 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 supplements this Act. 
SEC. 7. 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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