Sec. 3. Enforcement by the Federal Trade Commission
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A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Federal Trade Commission shall enforce a violation of section 2 in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act.
In enforcing section 2 of this Act, the Commission shall give priority to enforcement actions concerning utility companies with total United States wholesale or retail sales of natural gas in excess of $2,000,000,000 per year. Notwithstanding the penalties set forth under the Federal Trade Commission Act, any utility company that knowingly violates section 2 shall be subject to— a civil penalty of not more than 3 times the amount of profits gained by such utility company through such violation; or a civil penalty of not more than $100,000,000 total.
The penalties under paragraph
(1)shall be obtained in the same manner as civil penalties obtained under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ). In assessing the penalty provided by paragraph (1)— each day of a continuing violation shall be considered a separate violation; and the court shall take into consideration, among other factors, the seriousness of the violation and the efforts of the utility company committing the violation to remedy the harm caused by the violation in a timely manner.
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