; and (7) whether the person undertook the conduct in violation of a preexisting consent decree or court order. (c) Updates The Attorney General and the Federal Trade Commission shall update the joint guidelines issued under subsection (a), as needed to reflect current agency policies and practices, but not less frequently than once every 5 years beginning on the date of enactment of this Act. (d) Public notice and comment (1) Guidelines Before issuing guidelines under subsection (a) or subsection (c), the Attorney General and the Federal Trade Commission shall publish proposed guidelines in draft form and provide public notice and opportunity for comment for not less than 60 days after the date on which the guidelines are published. (2) Inapplicability of rule making provisions The provisions of section 553 of title 5, United States Code, shall not apply to the guidelines issued under paragraph (1). 6. Market definition (a) In general Establishing liability under the antitrust laws does not require the definition of a relevant market, except when the definition of a relevant market is required, to establish a presumption or to resolve a claim, under a statutory provision that explicitly references relevant market, market concentration, or market share. (b) Direct evidence If direct evidence is proffered of actual or likely harm to competition or an appreciable risk to competition sufficient to satisfy the applicable statutory standard, or that the effect of an acquisition subject to section 7 of the Clayton Act ( 15 U.S.C. 18 ) may be substantially to lessen competition or tend to create a monopoly, neither a court nor the Federal Trade Commission shall require definition of a relevant market in order to evaluate the evidence, to find liability, or to find that a claim has been stated under the antitrust laws. (c) Rule of construction Nothing in this section may be construed to prevent a court or the Federal Trade Commission from considering evidence relating to the definition of proposed relevant markets to