Definitions

In this Act: (1) Chair The term Chair means the Chair of the Commission. (2) Commission The term Commission means the Federal Trade Commission. (3) Consciously parallel pricing coordination The term consciously parallel pricing coordination means a tacit agreement between 2 or more food producers to raise, lower, change, maintain, or manipulate pricing for the purchase or sale of reasonably interchangeable food products. (4) Coordinating function The term coordinating function means— (A) collecting historical or contemporaneous food product prices or supply levels from 2 or more food producers; (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 food prices, supply or output, or other commercial term to a food producer. (5) Coordinator The term coordinator means any person that operates a software or data analytics service that performs a coordinating function for any food producer, including a food producer 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 producer means any individual, corporation, or entity engaged in the manufacturing, processing, or production 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 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. (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.