; and (B) the person demonstrates by a preponderance of the evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are— (i) not within the control of the person; and (ii) incurred by the person in procuring, acquiring, distributing, or providing the good or service. (2) Inflation adjustment Beginning on January 1, 2025, the Commission shall annually adjust the amount specified in paragraph (1)(A) by the percentage change in the consumer price index for all urban consumers published by the Bureau of Labor Statistics for the 12-month period ending on December 31 of the previous year. (c) Presumptive violations A person shall be presumed to be in violation of subsection (a) if, during an exceptional market shock, it is shown by a preponderance of the evidence that the person— (1) (A) has unfair leverage; or (B) is using the effects or circumstances related to an exceptional market shock as a pretext to increase prices; and (2) regardless of the person's position in a supply chain or distribution network, sells or offers for sale a good or service at an excessive price compared to— (A) the average price at which the good or service was sold or offered for sale by the person in the market during the 120-day period preceding such exceptional market shock; or (B) the price at which the good or service was sold or offered for sale by competing sellers in the market during the exceptional market shock. (d) Rebuttal A person may rebut a presumption under subsection (c) if the person demonstrates by clear and convincing evidence that the increase in the price of the good or service involved is directly attributable to additional costs that are— (1) not within the control of the person