; and (2) incurred by the person in procuring, acquiring, distributing, or providing the good or service. (e) Unfair leverage (1) In general (A) Characteristics of unfair leverage For purposes of subsection (c), a person has unfair leverage if the person— (i) earned at least $1,000,000,000 in gross revenue from goods or services provided in the United States during the 12-month period preceding the sale or offer that allegedly violates subsection (a); (ii) discriminates between otherwise equal trading partners in the same market by applying differential prices or conditions; (iii) is a critical trading partner; (iv) engages in unfair, deceptive, or abusive acts or practices; (v) has a dominant position in— (I) the conduct of any business, trade, or commerce; (II) any labor market; or (III) the furnishing of any service; or (vi) has a characteristic described in a rule promulgated by the Commission that further defines unfair leverage. (B) Presumption of a dominant position For purposes of subparagraph (A)(v), a person shall be presumed to have a dominant position if— (i) evidence shows that the person is not constrained by meaningful competitive pressures; or (ii) the person— (I) has a share of 40 percent or greater of a relevant market as a seller