(1)–(9) In this Act: (1) ANTITRUST LAWSAntitrust lawsThe term "antitrust laws"— (A) has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12); and (B) includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45).Sec. 2(1).—The term "antitrust lawsAntitrust lawsThe term "antitrust laws"— (A) has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12); and (B) includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45).Sec. 2(1)"— (A) has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12); and (B) includes section 5 of the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3) Act (15 U.S.C. 45). (2) COMMERCIAL TERMSCommercial termsThe term "commercial terms" means— (A) level of service; (B) availability; (C) output, including quantities of products produced or distributed or the amount or level of service provided; or (D) rebates or discounts made available.Sec. 2(2).—The term "commercial termsCommercial termsThe term "commercial terms" means— (A) level of service; (B) availability; (C) output, including quantities of products produced or distributed or the amount or level of service provided; or (D) rebates or discounts made available.Sec. 2(2)" means— (A) level of service; (B) availability; (C) output, including quantities of products produced or distributed or the amount or level of service provided; or (D) rebates or discounts made available. (3) COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3).—The term "CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3)" means the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3). (4) DISTRIBUTEDistributeThe terms "distribute", "distribution", and "distributing" include selling, licensing, providing access to, or otherwise making available by any means, including through a subscription or the sale of a service.Sec. 2(4); DISTRIBUTION; DISTRIBUTING.—The terms "distributeDistributeThe terms "distribute", "distribution", and "distributing" include selling, licensing, providing access to, or otherwise making available by any means, including through a subscription or the sale of a service.Sec. 2(4)", "distribution", and "distributing" include selling, licensing, providing access to, or otherwise making available by any means, including through a subscription or the sale of a service. (5) NONPUBLIC COMPETITOR DATANonpublic competitor dataThe term "nonpublic competitor data"— (A) means nonpublic data that is derived from or otherwise provided by another person that competes in the same market as a person, or a related market; and (B) does not include information distributed, reported, or otherwise communicated in a way that does not reveal any underlying data from a competitor, such as narrative industry reports, news reports, business commentaries, or generalized industry survey results.Sec. 2(5).—The term "nonpublic competitor dataNonpublic competitor dataThe term "nonpublic competitor data"— (A) means nonpublic data that is derived from or otherwise provided by another person that competes in the same market as a person, or a related market; and (B) does not include information distributed, reported, or otherwise communicated in a way that does not reveal any underlying data from a competitor, such as narrative industry reports, news reports, business commentaries, or generalized industry survey results.Sec. 2(5)"— (A) means nonpublic dataNonpublic dataThe term "nonpublic data" means information that is not widely available or easily accessible to the public, including information about price, commercial terms, and related products or services, regardless of whether the data is attributable to a specific competitor or anonymized.Sec. 2(6) that is derived from or otherwise provided by another personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) that competes in the same market as a personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7), or a related market; and (B) does not include information distributed, reported, or otherwise communicated in a way that does not reveal any underlying data from a competitor, such as narrative industry reports, news reports, business commentaries, or generalized industry survey results. (6) NONPUBLIC DATANonpublic dataThe term "nonpublic data" means information that is not widely available or easily accessible to the public, including information about price, commercial terms, and related products or services, regardless of whether the data is attributable to a specific competitor or anonymized.Sec. 2(6).—The term "nonpublic dataNonpublic dataThe term "nonpublic data" means information that is not widely available or easily accessible to the public, including information about price, commercial terms, and related products or services, regardless of whether the data is attributable to a specific competitor or anonymized.Sec. 2(6)" means information that is not widely available or easily accessible to the public, including information about pricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8), commercial termsCommercial termsThe term "commercial terms" means— (A) level of service; (B) availability; (C) output, including quantities of products produced or distributed or the amount or level of service provided; or (D) rebates or discounts made available.Sec. 2(2), and related products or services, regardless of whether the data is attributable to a specific competitor or anonymized. (7) PERSONPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7).—The term "personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7)" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12). (8) PRICEPriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8).—The term "pricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8)" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided. (9) PRICING ALGORITHMPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9).—The term "pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9)" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a pricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or commercial term that is in or affecting interstate or foreign commerce.

(a) 1 IN GENERAL.—A personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) using or distributing a pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9), upon a written request by the Attorney General or the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3), shall, not later than 30 days after the date of the written request, or any later date approved by the Attorney General or the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3), respectively, provide to the Attorney General or the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3), respectively, a written report on each pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) identified in the request.

(b)(1)–(7) 1 REPORT CONTENTS.—Each report under subsection (a) shall include— (1) information on whether the personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) is responsible for the development or distribution of the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9), or whether a third party is responsible for the development or distribution of the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9), including the identity and contact information of any other personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) responsible for the development or distribution of the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9); (2) information on whether the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) autonomously sets pricesPriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or commercial termsCommercial termsThe term "commercial terms" means— (A) level of service; (B) availability; (C) output, including quantities of products produced or distributed or the amount or level of service provided; or (D) rebates or discounts made available.Sec. 2(2) and whether there is human review of any recommendation or decision of the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9); (3) an explanation of the rules or processes that the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) uses to set or recommend pricesPriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or commercial termsCommercial termsThe term "commercial terms" means— (A) level of service; (B) availability; (C) output, including quantities of products produced or distributed or the amount or level of service provided; or (D) rebates or discounts made available.Sec. 2(2); (4) a description of all data the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) uses to set or recommend pricesPriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or commercial termsCommercial termsThe term "commercial terms" means— (A) level of service; (B) availability; (C) output, including quantities of products produced or distributed or the amount or level of service provided; or (D) rebates or discounts made available.Sec. 2(2), including data used to train the algorithm; (5) all sources and collection processes, including the frequency of collection, of any data that the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) uses to set or recommend pricesPriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or commercial termsCommercial termsThe term "commercial terms" means— (A) level of service; (B) availability; (C) output, including quantities of products produced or distributed or the amount or level of service provided; or (D) rebates or discounts made available.Sec. 2(2); (6) whether the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) engages in pricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) discrimination by setting or recommending different pricesPriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or commercial termsCommercial termsThe term "commercial terms" means— (A) level of service; (B) availability; (C) output, including quantities of products produced or distributed or the amount or level of service provided; or (D) rebates or discounts made available.Sec. 2(2) for— (A) different customers seeking identical or nearly identical products or services, and if so, the factors used in differentiating among such customers; or (B) different employees or independent contractors providing substantially similar services, and if so, the factors used in differentiating among such employees or independent contractors; and (7) any changes made to the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) between the date of receipt of the request under subsection (a) and the date of certification under subsection (c).

(c) 1 CERTIFICATION OF REPORT.—The Chief Executive Officer, Chief Economist, Chief Technology Officer, or a corporate officer of similar authority of a personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) shall certify, under penalty of perjury, the accuracy of a report under subsection (a) submitted by the personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7).

(d) CONFIDENTIALITY.—All information submitted in a report under subsection (a) shall be treated as confidential and shall be considered to be privileged and confidential trade secrets and commercial or financial information exempt under subsection (b)(4) of section 552 of title 5, United States Code, from being made available to the public under subsection (a) of that section.

(e)(1)–(2) INFORMATION SHARING.— (1) IN GENERAL.—A report under subsection (a) may be shared— (A) between the Department of Justice and the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3); and (B) with the National Institute of Standards and Technology for technical assistance in understanding the report. (2) LIMITATION.—The National Institute of Standards and Technology shall not disclose the contents of a report shared under paragraph (1) or the analysis of the report by the National Institute of Standards and Technology to any personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7), except the Department of Justice or CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3), whichever sought the technical assistance.

(f)(1)–(2) RULES OF CONSTRUCTION.—Nothing in this section shall— (1) limit the ability of the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3) or the Attorney General to issue a civil investigative demand, to issue a subpoena, to seek discovery in the course of litigation, or otherwise obtain information through other means available to the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3) or the Attorney General; or (2) restrict the use of information submitted in a report under subsection (a) in the course of a formal investigation, enforcement action, litigation, trial, or other proceeding, in accordance with the confidentiality procedures applicable to such proceeding.

(a) 2 IN GENERAL.—It shall be unlawful for a personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) to use or distributeDistributeThe terms "distribute", "distribution", and "distributing" include selling, licensing, providing access to, or otherwise making available by any means, including through a subscription or the sale of a service.Sec. 2(4) any pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) that uses, incorporates, or was trained with nonpublic competitor dataNonpublic competitor dataThe term "nonpublic competitor data"— (A) means nonpublic data that is derived from or otherwise provided by another person that competes in the same market as a person, or a related market; and (B) does not include information distributed, reported, or otherwise communicated in a way that does not reveal any underlying data from a competitor, such as narrative industry reports, news reports, business commentaries, or generalized industry survey results.Sec. 2(5).

(b)(1)–(2) CIVIL ACTION.—If the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3) or the Attorney General has reason to believe that a personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) has violated subsection (a), the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3), in its own name by any of its attorneys designated by it for such purpose, or the Attorney General may bring a civil action against the personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) in an appropriate district court of the United States to seek to recover— (1) a civil penalty of— (A) not less than $10,000, adjusted for inflation on the basis of the Consumer PricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) Index, for each day during which the violation occurs or continues to occur; or (B) the sum of the price of each product or service sold using the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) in violation of subsection (a); and (2) other appropriate relief, including an injunction or other equitable relief.

(c) EFFECTIVE DATE.—Subsection (a) shall take effect on the date that is 90 days after the date of enactment of this Act.

(a)(1)–(2) 3 PRESUMPTION OF AGREEMENT.—With respect to the use of a pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) that would violate section 4 of this Act, there shall be a presumption for purposes of section 1 of the Sherman Act (15 U.S.C. 1) that the defendant entered into an agreement, contract, combination, or conspiracy in restraint of trade and for purposes of section 5(a) of the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3) Act (15 U.S.C. 45(a)) that the defendant has engaged in an unfair method of competition if the plaintiff establishes that— (1) the defendant distributed the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) to 2 or more personsPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7)— (A) with the intent that the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) be used to set or recommend a pricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or commercial term of a product or service in the same market or a related market; or (B) and 2 or more personsPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) used the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) to set or recommend a pricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or commercial term of a product or service in the same market or a related market; or (2)(A) the defendant used the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) to set or recommend a pricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or commercial term of a product or service; and (B) the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) was used by another personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) to set or recommend a pricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or commercial term of a product or service in the same market or a related market.

(b) 3 REBUTTAL.—The presumption under subsection (a) shall not apply to a defendant if the defendant did not develop or distributeDistributeThe terms "distribute", "distribution", and "distributing" include selling, licensing, providing access to, or otherwise making available by any means, including through a subscription or the sale of a service.Sec. 2(4) the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) and the defendant demonstrates by clear and convincing evidence that the defendant did not have actual knowledge or could not have reasonably known that the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) used nonpublic competitor dataNonpublic competitor dataThe term "nonpublic competitor data"— (A) means nonpublic data that is derived from or otherwise provided by another person that competes in the same market as a person, or a related market; and (B) does not include information distributed, reported, or otherwise communicated in a way that does not reveal any underlying data from a competitor, such as narrative industry reports, news reports, business commentaries, or generalized industry survey results.Sec. 2(5).

(c) 3 JOINT AND SEVERAL LIABILITY.—In a civil case in which the presumption under subsection (a) is applicable, any personsPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) that distributed the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) and knew, or could reasonably have known, that the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) would use, incorporate, or be trained with nonpublic competitor dataNonpublic competitor dataThe term "nonpublic competitor data"— (A) means nonpublic data that is derived from or otherwise provided by another person that competes in the same market as a person, or a related market; and (B) does not include information distributed, reported, or otherwise communicated in a way that does not reveal any underlying data from a competitor, such as narrative industry reports, news reports, business commentaries, or generalized industry survey results.Sec. 2(5) shall be jointly and severally liable for any violation of section 1 of the Sherman Act (15 U.S.C. 1) or section 5(a) of the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3) Act (15 U.S.C. 45(a)).

(d) RELATION TO ANTITRUST LAWSAntitrust lawsThe term "antitrust laws"— (A) has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12); and (B) includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45).Sec. 2(1).—Nothing in this section shall impair or limit the applicability of the antitrust lawsAntitrust lawsThe term "antitrust laws"— (A) has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12); and (B) includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45).Sec. 2(1).

(e) EFFECTIVE DATE.—Subsection (a) shall take effect on the date that is 90 days after the date of enactment of this Act.

(a)(1)–(2) 4 IN GENERAL.—Any personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) that has $5,000,000 or more in annual revenue that uses a pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) to recommend or set a pricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or commercial term shall clearly disclose, as applicable— (1) to a customer, before the customer purchases the relevant product or service, that the pricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or a commercial term, as applicable, is set or recommended by a pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9); and (2) to a current or prospective employee or independent contractor that the pricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or a commercial term for services rendered as an employee or independent contractor is set or recommended by a pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9).

(b)(1) 5 ADDITIONAL DISCLOSURES.— (1) PRICEPriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) DISCRIMINATION.—If applicable, a disclosure under subsection (a) shall state that the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) sets or recommends different pricesPriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or commercial termsCommercial termsThe term "commercial terms" means— (A) level of service; (B) availability; (C) output, including quantities of products produced or distributed or the amount or level of service provided; or (D) rebates or discounts made available.Sec. 2(2) for— (A) different customers seeking identical or nearly identical products or services; or (B) employees or independent contractors providing substantially similar services.

(b)(2) 6 THIRD-PARTY ALGORITHM.—If applicable, a disclosure under subsection (a) shall— (A) state that the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) was developed or distributed by a personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) other than the personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) making the disclosure; and (B) provide the identity of the personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) that developed or distributed the pricing algorithmPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9).

(c) ENFORCEMENT.—Failure to provide a disclosure under subsection (a), including the information required under subsection (b), shall constitute an unfair or deceptive act or practice under section 5 of the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3) Act (15 U.S.C. 45).

(d)(1)–(2) CIVIL ACTION.—If the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3) has reason to believe that a personPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) has violated subsection (a) or (b), the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3), in its own name by any of its attorneys designated by it for such purpose, may bring a civil action in an appropriate district court of the United States to recover— (1) a civil penalty of not less than $5,000, adjusted for inflation on the basis of the Consumer PricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) Index, for each day during which the violation occurs or continues to occur; and (2) other appropriate relief, including an injunction or other equitable relief.

(e) RELATION TO ANTITRUST LAWSAntitrust lawsThe term "antitrust laws"— (A) has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12); and (B) includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45).Sec. 2(1).—Nothing in this section shall impair or limit the applicability of the antitrust lawsAntitrust lawsThe term "antitrust laws"— (A) has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12); and (B) includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45).Sec. 2(1).

(1)–(6) 7 Not later than 2 years after the date of enactment of this Act, the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(3) shall publish the results of a study of the use of pricing algorithmsPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9), including information on— (1) the prevalence of pricing algorithmsPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9); (2) the frequency of the use of pricing algorithmsPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) to engage in pricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) or wage discrimination; (3) the potential for personsPersonThe term "person" has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(7) to use pricing algorithmsPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) to engage in behavior that increases pricesPriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8), lowers wages, reduces output, lowers quality, deters innovation, or otherwise harms the competitive process outside of the pricePriceThe term "price" means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided.Sec. 2(8) fixing context; (4) the potential benefits or efficiencies of pricing algorithmsPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9); (5) any industries, sectors, or markets in which pricing algorithmsPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9) may warrant additional oversight or regulation to protect competition and consumers; and (6) recommendations for additional legislation, regulation, or rulemaking relating to competition and consumer protection issues arising from the use of pricing algorithmsPricing algorithmThe term "pricing algorithm" means any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes data to recommend or set a price or commercial term that is in or affecting interstate or foreign commerce.Sec. 2(9).