(1)–(11) In this Act: (1) CHAIRChairThe term "Chair" means the Chair of the Commission.Sec. 2(1).—The term ''ChairChairThe term "Chair" means the Chair of the Commission.Sec. 2(1)'' means the Chair of the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(2). (2) COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(2).—The term ''CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(2)'' means the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(2). (3) CONSCIOUSLY PARALLEL PRICING COORDINATIONConsciously parallel pricing coordinationThe term "consciously parallel pricing coordination" 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 services.Sec. 2(3).—The term ''consciously parallel pricing coordinationConsciously parallel pricing coordinationThe term "consciously parallel pricing coordination" 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 services.Sec. 2(3)'' means a tacit agreement between 2 or more rental property ownersRental property ownerThe term "rental property owner" means any individual, corporation, partnership, association, joint-stock companies, 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 residential dwelling units.Sec. 2(10) to raise, lower, change, maintain, or manipulate pricing for the purchase or sale of reasonably interchangeable products or services. (4) COORDINATING FUNCTIONCoordinating functionThe term "coordinating function" means— (A) collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from 2 or more rental property owners; (B) analyzing or processing of the information described in subparagraph (A) using a system, software, or process that uses computation, including by using that information to train an algorithm; and (C) recommending rental prices, lease renewal terms, or ideal occupancy levels to a rental property owner.Sec. 2(4).—The term ''coordinating functionCoordinating functionThe term "coordinating function" means— (A) collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from 2 or more rental property owners; (B) analyzing or processing of the information described in subparagraph (A) using a system, software, or process that uses computation, including by using that information to train an algorithm; and (C) recommending rental prices, lease renewal terms, or ideal occupancy levels to a rental property owner.Sec. 2(4)'' means— (A) collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling unitsResidential dwelling unitThe term "residential dwelling unit"— (A) means any house, apartment, accessory unit, or other unit intended to be used as a primary residence; and (B) does not include inpatient medical care, licensed long-term care, and detention or correctional facilities.Sec. 2(9) from 2 or more rental property ownersRental property ownerThe term "rental property owner" means any individual, corporation, partnership, association, joint-stock companies, 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 residential dwelling units.Sec. 2(10); (B) analyzing or processing of the information described in subparagraph (A) using a system, software, or process that uses computation, including by using that information to train an algorithm; and (C) recommending rental prices, lease renewal terms, or ideal occupancy levels to a rental property ownerRental property ownerThe term "rental property owner" means any individual, corporation, partnership, association, joint-stock companies, 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 residential dwelling units.Sec. 2(10). (5) COORDINATORCoordinatorThe term "coordinator" means any person that operates a software or data analytics service that performs a coordinating function for any rental property owner, including a rental property owner performing a coordinating function for their own benefit.Sec. 2(5).—The term ''coordinatorCoordinatorThe term "coordinator" means any person that operates a software or data analytics service that performs a coordinating function for any rental property owner, including a rental property owner performing a coordinating function for their own benefit.Sec. 2(5)'' means any personPersonThe term "person" has the meaning given the term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(6) that operates a software or data analytics service that performs a coordinating functionCoordinating functionThe term "coordinating function" means— (A) collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from 2 or more rental property owners; (B) analyzing or processing of the information described in subparagraph (A) using a system, software, or process that uses computation, including by using that information to train an algorithm; and (C) recommending rental prices, lease renewal terms, or ideal occupancy levels to a rental property owner.Sec. 2(4) for any rental property ownerRental property ownerThe term "rental property owner" means any individual, corporation, partnership, association, joint-stock companies, 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 residential dwelling units.Sec. 2(10), including a rental property ownerRental property ownerThe term "rental property owner" means any individual, corporation, partnership, association, joint-stock companies, 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 residential dwelling units.Sec. 2(10) performing a coordinating functionCoordinating functionThe term "coordinating function" means— (A) collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from 2 or more rental property owners; (B) analyzing or processing of the information described in subparagraph (A) using a system, software, or process that uses computation, including by using that information to train an algorithm; and (C) recommending rental prices, lease renewal terms, or ideal occupancy levels to a rental property owner.Sec. 2(4) for their own benefit. (6) PERSONPersonThe term "person" has the meaning given the term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(6).—The term ''personPersonThe term "person" has the meaning given the term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(6)'' 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 AGREEMENTPre-dispute arbitration agreementThe 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.Sec. 2(7).—The term ''pre-dispute arbitration agreementPre-dispute arbitration agreementThe 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.Sec. 2(7)'' 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 WAIVERPre-dispute joint action waiverThe 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 collective action in a judicial, arbitral, administrative, or other forum relating to a dispute between parties; and (B) is made before any dispute has arisen.Sec. 2(8).—The term ''pre-dispute joint action waiverPre-dispute joint action waiverThe 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 collective action in a judicial, arbitral, administrative, or other forum relating to a dispute between parties; and (B) is made before any dispute has arisen.Sec. 2(8)'' means an agreement between 2 or more parties, which may be part of a pre-dispute arbitration agreementPre-dispute arbitration agreementThe 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.Sec. 2(7), that— (A) would prohibit or waive the right of a party to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum relating to a dispute between parties; and (B) is made before any dispute has arisen. (9) RESIDENTIAL DWELLING UNITResidential dwelling unitThe term "residential dwelling unit"— (A) means any house, apartment, accessory unit, or other unit intended to be used as a primary residence; and (B) does not include inpatient medical care, licensed long-term care, and detention or correctional facilities.Sec. 2(9).—The term ''residential dwelling unitResidential dwelling unitThe term "residential dwelling unit"— (A) means any house, apartment, accessory unit, or other unit intended to be used as a primary residence; and (B) does not include inpatient medical care, licensed long-term care, and detention or correctional facilities.Sec. 2(9)''— (A) means any house, apartment, accessory unit, or other unit intended to be used as a primary residence; and (B) does not include inpatient medical care, licensed long-term care, and detention or correctional facilities. (10) RENTAL PROPERTY OWNERRental property ownerThe term "rental property owner" means any individual, corporation, partnership, association, joint-stock companies, 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 residential dwelling units.Sec. 2(10).—The term ''rental property ownerRental property ownerThe term "rental property owner" means any individual, corporation, partnership, association, joint-stock companies, 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 residential dwelling units.Sec. 2(10)'' means any individual, corporation, partnership, association, joint-stock companies, 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 residential dwelling unitsResidential dwelling unitThe term "residential dwelling unit"— (A) means any house, apartment, accessory unit, or other unit intended to be used as a primary residence; and (B) does not include inpatient medical care, licensed long-term care, and detention or correctional facilities.Sec. 2(9). (11) STATEStateThe 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. 2(11).—The term ''StateStateThe 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. 2(11)'' means any State of the United StatesStateThe 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. 2(11), the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United StatesStateThe 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. 2(11).

(a)(1) 1 CONTRACT OR CONSPIRACY IN RESTRAINT OF TRADE.—It is unlawful for a rental property ownerRental property ownerThe term "rental property owner" means any individual, corporation, partnership, association, joint-stock companies, 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 residential dwelling units.Sec. 2(10), 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 coordinatorCoordinatorThe term "coordinator" means any person that operates a software or data analytics service that performs a coordinating function for any rental property owner, including a rental property owner performing a coordinating function for their own benefit.Sec. 2(5), and such action shall be deemed to be a per se violation of the Sherman Act (15 U.S.C. 1 et seq.).

(a)(2) 2 FACILITATION.—It is unlawful for a coordinatorCoordinatorThe term "coordinator" means any person that operates a software or data analytics service that performs a coordinating function for any rental property owner, including a rental property owner performing a coordinating function for their own benefit.Sec. 2(5), in or affecting commerce, to facilitate an agreement among rental property ownersRental property ownerThe term "rental property owner" means any individual, corporation, partnership, association, joint-stock companies, 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 residential dwelling units.Sec. 2(10) to not compete with respect to residential dwelling unitsResidential dwelling unitThe term "residential dwelling unit"— (A) means any house, apartment, accessory unit, or other unit intended to be used as a primary residence; and (B) does not include inpatient medical care, licensed long-term care, and detention or correctional facilities.Sec. 2(9), including by performing a coordinating functionCoordinating functionThe term "coordinating function" means— (A) collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from 2 or more rental property owners; (B) analyzing or processing of the information described in subparagraph (A) using a system, software, or process that uses computation, including by using that information to train an algorithm; and (C) recommending rental prices, lease renewal terms, or ideal occupancy levels to a rental property owner.Sec. 2(4).

(a)(3) 3 ANTI-COMPETITIVE MERGER.—It is unlawful for any coordinatorCoordinatorThe term "coordinator" means any person that operates a software or data analytics service that performs a coordinating function for any rental property owner, including a rental property owner performing a coordinating function for their own benefit.Sec. 2(5), in or affecting commerce, to acquire, directly or indirectly, the whole or any part of the stock or other share capital of another coordinatorCoordinatorThe term "coordinator" means any person that operates a software or data analytics service that performs a coordinating function for any rental property owner, including a rental property owner performing a coordinating function for their own benefit.Sec. 2(5) 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.

(a)(1)(A)–(C) IN GENERAL.— (A) FEDERAL TRADE COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(2).—The CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(2) 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 CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(2) Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) ATTORNEY GENERAL.—The Attorney General 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 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) STATEStateThe 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. 2(11) ATTORNEYS GENERAL.—Any attorney general of a StateStateThe 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. 2(11) 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 Sherman 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.

(a)(2) UNFAIR METHODS OF COMPETITION.—A violation of this Act shall also constitute an unfair method of competition under section 5 of the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(2) Act (15 U.S.C. 45).

(a)(3) INDEPENDENT LITIGATION AUTHORITY.—If the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(2) has reason to believe that a personPersonThe term "person" has the meaning given the term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(6) violated this Act, the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(2) 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 district court of the United StatesStateThe 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. 2(11).

(a)(4)(A)–(B) STANDARDS OF PLEADING.—In a civil action 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 allegations, including allegations of consciously parallel pricing coordinationConsciously parallel pricing coordinationThe term "consciously parallel pricing coordination" 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 services.Sec. 2(3), demonstrating that the existence of a contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is among the realm of plausible possibilities; and (B) need not allege facts tending to exclude the possibility of independent action.

(b)(1)–(3) CIVIL ACTIONS BY INJURED PERSONSPersonThe term "person" has the meaning given the term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(6).— (1) CIVIL ACTION AUTHORIZED.—Any personPersonThe term "person" has the meaning given the term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(6) who is aggrieved by a violation of this Act may bring a civil action in an appropriate district court of the United StatesStateThe 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. 2(11), without respect to the amount in controversy, to recover an amount described in paragraph (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 litigation, 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 damages 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 AGREEMENTSPre-dispute arbitration agreementThe 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.Sec. 2(7) AND PRE-DISPUTE JOINT ACTION WAIVERSPre-dispute joint action waiverThe 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 collective action in a judicial, arbitral, administrative, or other forum relating to a dispute between parties; and (B) is made before any dispute has arisen.Sec. 2(8).—At the election of the plaintiff in an action authorized under paragraph (1), a pre-dispute arbitration agreementPre-dispute arbitration agreementThe 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.Sec. 2(7) or pre-dispute joint action waiverPre-dispute joint action waiverThe 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 collective action in a judicial, arbitral, administrative, or other forum relating to a dispute between parties; and (B) is made before any dispute has arisen.Sec. 2(8) relating to a violation of this Act shall be invalid or unenforceable.

Nothing in this Act may be construed to preempt any StateStateThe 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. 2(11), Tribal, city, or local law, regulation, or ordinance that explicitly supplements this Act.

If any provision of this Act, or the application of such a provision to any personPersonThe term "person" has the meaning given the term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(6) or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of such provisions to any personPersonThe term "person" has the meaning given the term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12).Sec. 2(6) or circumstance shall not be affected thereby.