; and (2) to establish a predictable, rules-based framework that can help such countries create additional sources of capital at no cost, benefitting small and medium-sized businesses that use receivables financing. V Combating anti-competitive behavior 501. Predatory pricing by entities owned, controlled, or directed by a foreign state (a) Prohibited acts (1) In general No entity owned, controlled, or directed by a foreign state or an agent or instrumentality of a foreign state (as defined in section 1603 of title 28, United States Code) and participating in international commerce may establish or set prices below the average variable cost in a manner that may foreseeably harm competition. (2) Economic support In determining the average variable cost under paragraph (1), the court may take into account the effects of economic support provided by the owning or controlling foreign state to the entity on a discriminatory basis that may allow the entity to unfairly price at or below marginal cost. (3) Government subsidies In determining the foreseeability of the elimination of market competitors under paragraph (1), the court may take into account the aggravating factor of the actions of the foreign state owning or controlling the entity referred to in such paragraph to use government resources to subsidize or underwrite the losses of the entity in a manner that allows the entity to sustain the predatory period and recoup its losses. (4) Market power not required For the purpose of establishing the elements of (a)(1), the plaintiff shall not be required to demonstrate that the defendant has monopoly or market power. (b) Recovery of damages Any person (as defined in section 1(a) of the Clayton Act ( 15 U.S.C. 12(a) ) whose business or property is injured as a result of the actions of an entity described in subsection (a) shall be entitled to recovery from the defendant for damages and other related costs under section 4 of such Act ( 15 U.S.C. 15 ). (c) Elements of prima facie case A plaintiff may initiate a claim