; or (ii) by all sellers in the relevant market. (3) Costs not within control of entity The standards established under paragraph (1) may ensure that an entity is not determined to be selling, leasing, or offering for sale or lease water rights at an excessive price if the entity demonstrates, by clear and convincing evidence, that a relevant increase in price is directly attributable to costs that are not within the control of the entity. (d) Enforcement by Commission (1) Unfair or deceptive acts or practices A violation of the regulations promulgated under subsection (a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (2) Powers of Commission The Commission shall enforce the regulations promulgated under subsection (a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. Any person who violates such regulations shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (e) Definitions In this section: (1) Commission The term Commission means the Federal Trade Commission. (2) Covered drought The term covered drought means any of the following: (A) As determined by the Commission in coordination with the United States Geological Survey, a weather pattern and precipitation deficit that has continued for a period in excess of 6 months. (B) As determined by the Commission in coordination with the Bureau of Reclamation, a Tier 1 or more severe shortage designation with respect to the Colorado River.