; or (B) the predominant motivating factor for the defending party’s action described in paragraph (1)(A) of subsection (c); (2) the defending party, knowing that coordinated action to raise, lower, change, maintain, or manipulate pricing for the purchase or sale of reasonably interchangeable products or services was contemplated and invited by a competitor, adhered to the scheme and participated in it; or (3) based on circumstantial evidence implying a traditional conspiracy, it is more likely than not that the defending party entered an agreement among two or more persons to raise, lower, change, maintain, or manipulate pricing for the purchase or sale of reasonably interchangeable products or services. (f) Affirmative defense It is an affirmative defense to a claim of consciously parallel pricing coordination, on which the defending party bears the burden of proof by a preponderance of the evidence, that any affirmative defense to price fixing applies. 5. Clarifying the meaning of contract, combination in the form of trust or otherwise, or conspiracy (a) Meaning of contract, combination in the form of trust or otherwise, or conspiracy A tacit agreement is a form of contract, combination in the form of trust or otherwise, or conspiracy under sections 1 and 3(a) of the Sherman Act ( 15 U.S.C. 1 , 3(a)). (b) Standards of pleading and proof In a civil action, including an action brought by the United States or by a State attorney general, or by the Federal Trade Commission under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 )— (1) a complaint— (A) plausibly pleads a contract, combination in the form of trust or otherwise, or conspiracy under sections 1 and 3(a) of the Sherman Act if the complaint contains factual allegations, which may consist of allegations of consciously parallel conduct, demonstrating that the existence of the alleged contract, combination in the form of trust or otherwise, or conspiracy is among the realm of plausible possibilities