; or (2) (A) the defendant used the pricing algorithm to set or recommend a price or commercial term of a product or service; and (B) the pricing algorithm was used by another person to set or recommend a price or commercial term of a product or service in the same market or a related market. (b) Rebuttal The presumption under subsection (a) shall not apply to a defendant if the defendant did not develop or distribute the pricing algorithm and the defendant demonstrates by clear and convincing evidence that the defendant did not have actual knowledge or could not have reasonably known that the pricing algorithm used nonpublic competitor data. (c) Joint and several liability In a civil case in which the presumption under subsection (a) is applicable, any persons that distributed the pricing algorithm and knew, or could reasonably have known, that the pricing algorithm would use, incorporate, or be trained with nonpublic competitor data shall be jointly and severally liable for any violation of section 1 of the Sherman Act ( 15 U.S.C. 1 ) or section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ). (d) Relation to antitrust laws Nothing in this section shall impair or limit the applicability of the antitrust laws. (e) Effective date Subsection (a) shall take effect on the date that is 90 days after the date of enactment of this Act. 6. Transparency in pricing algorithms (a) In general Any person that has $5,000,000 or more in annual revenue that uses a pricing algorithm to recommend or set a price or commercial term shall clearly disclose, as applicable— (1) to a customer, before the customer purchases the relevant product or service, that the price or a commercial term, as applicable, is set or recommended by a pricing algorithm