Definitions

In this Act: (1) Antitrust laws The 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). (2) Commercial terms The 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. (3) Commission The term Commission means the Federal Trade Commission. (4) Distribute; distribution; distributing The 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. (5) Nonpublic competitor data The 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. (6) Nonpublic data The 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. (7) Person The term person has the meaning given that term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12). (8) Price The 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. (9) Pricing algorithm The 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.