; and (BB) any applications for patents that were filed and rejected; and (bb) shall not be construed to limit the information that the Commission or the court, as applicable, may otherwise obtain in any proceeding or action instituted with respect to a violation of this section. (C) Response The Commission may rebut any evidence presented by a drug manufacturer under subparagraph (B) by establishing by a preponderance of the evidence that the harm to consumers from the action that is the subject of that presentation is greater than the benefits to consumers from that action. (2) Product hopping (A) Prima facie Except as provided in subparagraph (B), any of the following actions by a manufacturer of a reference product or listed drug shall be considered to be an unfair method of competition in or affecting commerce in violation of section 5(a): (i) If, during the period beginning on the date on which the manufacturer of the reference drug receives notice that an applicant has submitted to the Commissioner of Food and Drugs an abbreviated new drug application or biosimilar biological product license application and ending on the date that is 180 days after the date on which that generic drug or biosimilar biological product first enters, or could enter, the market, or is denied— (I) upon the request of the manufacturer of the listed drug or reference product, the Commissioner of Food and Drugs— (aa) withdraws the approval of the application for the listed drug or reference product; or (bb) places the listed drug or reference product on the discontinued products list