§ 4302. Rule of reason standard

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   National Cooperative Research Act of 1984

   Pub. L. 98–462 § 3 · 98 Stat. 1815

   Enacted · 15 U.S.C. § 4302

   Pub. L. 98–462, § 3, Oct. 11, 1984, 98 Stat. 1816

   Source evidence

   Code source credit
   Pub. L. 98–462, § 3, Oct. 11, 1984, 98 Stat. 1816

   Enacted provision · exact public law section
   Sec. 3. rule of reason standard In any action under the antitrust laws, or under any State law similar to the antitrust laws, the conduct of any person in making or performing a contract to carry out a joint research and development venture shall not be deemed illegal per se; such conduct shall be judged on the basis of its reasonableness, taking into account all relevant factors affecting competition, including, but not limited to, effects on competition in properly defined, relevant research and development markets.

2. 1993

   National Cooperative Production Amendments of 1993

   Pub. L. 103–42 § 3(d) · 107 Stat. 117

   1. Substituted · 15 U.S.C. § 4302

      Pub. L. 103–42 substituted “joint venture” for “joint research and development venture”

   2. Substituted · 15 U.S.C. § 4302

      Pub. L. 103–42 substituted “, development, product, process, and service” for “and development”

   3. Inserted · 15 U.S.C. § 4302

      Pub. L. 103–42 inserted at end “For the purpose of determining a properly defined, relevant market, worldwide capacity shall be considered to the extent that it may be appropriate in the circumstances.”

   Source evidence

   Code amendment note
   Pub. L. 103–42 substituted “joint venture” for “joint research and development venture” and “, development, product, process, and service” for “and development” and inserted at end “For the purpose of determining a properly defined, relevant market, worldwide capacity shall be considered to the extent that it may be appropriate in the circumstances.”

   Enacted provision · exact public law section
   (d) Rule of Reason Standard.— Section 3 of the National Cooperative Research Act of 1984 (15 U.S.C. 4302) is amended— (1) by striking “research and development” the first place it appears; (2) by striking “and development” the last place it appears and inserting “, development, product, process, and service”; and (3) by adding at the end the following: “For the purpose of determining a properly defined, relevant market, worldwide capacity shall be considered to the extent that it may be appropriate in the circumstances.”.

3. 2004

   Standards Development Organization Advancement Act of 2004

   Pub. L. 108–237 title I § 104 · 118 Stat. 661

   Substituted · 15 U.S.C. § 4302

   Pub. L. 108–237 substituted “of—

   Source evidence

   Code amendment note
   Pub. L. 108–237 substituted “of—

   “(1) any person in making or performing a contract to carry out a joint venture, or “(2) a standards development organization while engaged in a standards development activity, shall” for “of any person in making or performing a contract to carry out a joint venture shall”.

   Enacted provision · exact public law section
   SEC. 104. RULE OF REASON STANDARD.   Section 3 of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4302) is amended by striking “of any person in making or performing a contract to carry out a joint venture shall” and inserting the following: “of— “(1) any person in making or performing a contract to carry out a joint venture, or “(2) a standards development organization while engaged in a standards development activity, shall” .

5 of 5 references resolved to an enrolled provision