Enforcement authority

(a) Enforcement (1) Failure to divest as required (A) In general A failure to divest pursuant to this Act shall be deemed to be an unlawful method of competition in violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45). The Commission shall enforce divestitures under 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.) were incorporated into and made a part of this section. (B) Persons subject to the Packers and Stockyards Act Notwithstanding section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraph (A), with respect to persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.). (C) Penalties for failure to divest (i) In general The Commission shall impose a civil penalty equal to 10 percent of the revenue of the violator during the period of violation for any failure to divest pursuant to this Act. (ii) Enhanced penalty The Commission shall impose a civil penalty equal to 3 times the amount of any damages under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for any knowing violation of this Act. (2) Civil action (A) In general The Commission is authorized to bring a civil action in an appropriate district court of the United States to enforce any divestment plan, order, or condition imposed under this Act, including to enjoin violations, compel compliance, or obtain other appropriate relief. (B) Remedies In an action under subparagraph (A), the court may grant any appropriate equitable relief, including specific performance, modification of divestiture terms (only on motion of the Commission), appointment of a monitor, disgorgement or restitution, or such other relief as the interests of justice and competition may require. (b) Use of penalty funds The Commission shall use any civil penalties or other amounts recovered under this Act to promote competition, including by funding the development of new competitors under title V. (c) Requests for information and assistance The Department of Agriculture shall comply with all requests for information and expert assistance made by the Commission in carrying out this Act.