; (B) in subparagraph (E)— (i) by moving the margins 2 ems to the left; and (ii) by inserting or after the semicolon; and (C) inserting after subparagraph (E) the following: (F) to recover civil penalties under section 5(o) of this Act; . 5. Joint enforcement guidelines (a) In general Not later than 1 year after the date of enactment of this Act, the Attorney General and the Federal Trade Commission shall issue joint guidelines outlining policies, practices, and analytical techniques relating to agency enforcement under section 26A of the Clayton Act, as added by section 4 of this Act, including agency policies for determining the appropriate amount of a civil penalty to be sought under section 26A of the Clayton Act and subsection (o) of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ), as added by section 4 of this Act, with the goal of promoting transparency and deterring violations of section 26A of the Clayton Act. (b) Penalty considerations In establishing the guidelines described in subsection (a) regarding civil penalties, the Attorney General and the Federal Trade Commission shall consider the relevant factors to be used for calculating an appropriate civil penalty for a particular violation, including — (1) the volume of commerce affected; (2) the duration and severity of the unlawful conduct; (3) the intent of the person undertaking the unlawful conduct; (4) the extent to which the unlawful conduct was egregious or a clear violation of the law; (5) whether the civil penalty is to be applied in combination with other remedies for violations of section 26A of the Clayton Act, including— (A) structural remedies, behavioral conditions, or equitable disgorgement; or (B) other remedies available under section 4, 4A, 15, or 16 of the Clayton Act ( 15 U.S.C. 15 , 15a, 25, 26) or section 13(b) of the Federal Trade Commission Act ( 15 U.S.C. 53(b) ); (6) whether the person has previously engaged in the same or similar anticompetitive conduct