; and (II) a joint venture, subsidiary, partnership, division, group, and affiliate controlled by an entity, and (III) a successor and an assign of a joint venture, subsidiary, partnership, division, group, and affiliate controlled by an entity. (E) Series of covered petitions The term series of covered petitions means any group of more than 1 covered petition relating to the same covered application. (F) Sham The term sham means a covered petition that is objectively baseless and that attempts to use a governmental process, as opposed to the outcome of that process, to interfere with the business of a competitor, or a series of covered petitions that attempts to use a governmental process, as opposed to the outcome of that process, to interfere with the business of a competitor. (2) Violation A person submitting or causing the submission of a covered petition or a series of covered petitions that is a sham shall be liable for engaging in an unfair method of competition under section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ). (3) Civil action (A) In general If the Commission has reason to believe that the submission of a covered petition or a series of covered petitions constitutes a violation of section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ), the Commission may commence a civil action to recover a civil penalty and seek other appropriate relief in a district court of the United States against any person that submitted or caused to be submitted such covered petition or such series of covered petitions, including successors or assigns. (B) Presumption In a civil action under subparagraph (A), a covered petition shall be presumed to be part of a series of covered petitions that is a sham under paragraph (2) of this subsection if— (i) the Secretary of Health and Human Services— (I) has determined that the covered petition was submitted with the primary purpose of delaying the approval of a covered application