; or (2) restrict the use of information submitted in a report under subsection (a) in the course of a formal investigation, enforcement action, litigation, trial, or other proceeding, in accordance with the confidentiality procedures applicable to such proceeding. 4. Preventing collusive activity in pricing algorithms (a) In general It shall be unlawful for a person to use or distribute any pricing algorithm that uses, incorporates, or was trained with nonpublic competitor data. (b) Civil action If the Commission or the Attorney General has reason to believe that a person has violated subsection (a), the Commission, in its own name by any of its attorneys designated by it for such purpose, or the Attorney General may bring a civil action against the person in an appropriate district court of the United States to seek to recover— (1) a civil penalty of— (A) not less than $10,000, adjusted for inflation on the basis of the Consumer Price Index, for each day during which the violation occurs or continues to occur; or (B) the sum of the price of each product or service sold using the pricing algorithm in violation of subsection (a)