; and (ii) not greater than 1 percent of the gross revenues from sales for the previous calendar year of such drug; and (B) the number of days in the period between— (i) the report due date under subsection (b); and (ii) the date on which the Secretary receives the information required to be reported by the manufacturer under this section. (3) Use of civil penalty The Secretary shall collect the civil penalties under this subsection and shall use such funds to support competitive research grant programs of the National Institutes of Health. 7. Prohibition of anticompetitive behavior No manufacturer may engage in anticompetitive behavior violating section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) with another manufacturer that may interfere with the issuance and implementation of open, non-exclusive licenses under this Act or otherwise run contrary to the public interest in the availability of affordable prescription drugs. 8. Definitions For the purposes of this Act: (1) Average manufacturer price (A) In general The term average manufacturer price , with respect to a drug, subject to subparagraph (B), has the meaning given such term in section 1927(k)(1) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(1) )