Sec. 3. Enforcement
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The Commission and the Department of Justice 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 and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) or the Clayton Act ( 15 U.S.C. 12 et seq.), as appropriate, were incorporated into and made a part of this Act. A violation of this Act shall also constitute an unfair method of competition under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 5 ).
Any person, or any individual who is an officer, director, partner, or employee of a person, who fails to comply with any provision of this Act within two years of the Commission or Department of Justice designating a covered platform under section 6(a), shall be liable to the United States for a civil penalty in an amount not more than the greater of— 15 percent of the total average daily United States revenue of the person for the previous calendar year; or 30 percent of the total average daily United States revenue of the person in any line of business affected or targeted by the unlawful conduct during the period of the unlawful conduct.
If the Commission has reason to believe that a covered platform 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 a district court of the United States against the covered platform operator.
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