; (2) the duration and severity of the unlawful conduct; (3) any action taken or attempted by the person to conceal 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 the unlawful conduct, including structural remedies, behavioral conditions, or equitable monetary relief, including disgorgement and restitution; (6) whether the person has previously engaged in the same or similar anticompetitive conduct; and (7) whether the person undertook the conduct in violation of a preexisting consent decree or court order. 5. Federal Trade Commission litigation authority Section 16(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 56(a)(2) ) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E)— (A) by moving the margins 2 ems to the left; and (B) by striking the semicolon and inserting ; or ; and (3) by inserting after subparagraph (E) the following: (F) to recover civil penalties under section 5(o) of this Act; .