; (bb) with respect to an action described in item (aa) or (bb) of paragraph (1)(A)(ii)(I), there is a supply disruption that— (AA) is outside of the control of the manufacturer; (BB) prevents the production or distribution of the applicable listed drug or reference product; and (CC) cannot be remedied by reasonable efforts; or (cc) with respect to a soft switch under paragraph (1)(B), the manufacturer had legitimate pro-competitive reasons, apart from the financial effects of reduced competition, to take the action. (B) Rule of construction Nothing in subparagraph (A) may be construed to limit the information that the Commission may otherwise obtain in any proceeding or action instituted with respect to a violation of this section. (3) Response With respect to a justification offered by a manufacturer under paragraph (2), complaint counsel or the Commission, as applicable, will prevail in its case if it establishes by a preponderance of the evidence that— (A) the conduct described in subsection (b)(1) is not reasonably necessary to address or achieve the justifications claimed under paragraph (2)(A)(II)(aa–cc), or such justifications could be reasonably addressed or achieved through less anticompetitive means