§ 4305. Disclosure of joint venture

Footnotes

1. 1 So in original.

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 § 6 · 98 Stat. 1815

   Enacted · 15 U.S.C. § 4305

   Pub. L. 98–462, § 6, Oct. 11, 1984, 98 Stat. 1818

   Source evidence

   Code source credit
   Pub. L. 98–462, § 6, Oct. 11, 1984, 98 Stat. 1818

   Enacted provision · exact public law section
   Sec. 6. disclosure of joint research and development venture (a) Any party to a joint research and development venture, acting on such venture’s behalf, may, not later than 90 days after entering into a written agreement to form such venture or not later than 90 days after the date of the enactment of this Act, whichever is later, file simultaneously with the Attorney General and the Commission a written notification disclosing— (1) the identities of the parties to such venture, and (2) the nature and objectives of such venture. Any party to such venture, acting on such venture’s behalf, may file additional disclosure notifications pursuant to this section as are appropriate to extend the protections of section 4. In order to maintain the protections of section 4, such venture shall, not later than 90 days after a change in its membership, file simultaneously with the Attorney General and the Commission a written notification disclosing such change. (b) Except as provided in subsection (e), not later than 30 days after receiving a notification filed under subsection (a), the Attorney General or the Commission shall publish in the Federal Register a notice with respect to such venture that identifies the parties to such venture and that describes in general terms the area of planned activity of such venture. Prior to its publication, the contents of such notice shall be made available to the parties to such venture. (c) If with respect to a notification filed under subsection (a), notice is published in the Federal Register, then such notification shall operate to convey the protections of section 4 as of the earlier of— (1) the date of publication of notice under subsection (b), or (2) if such notice is not so published within the time required by subsection (b), after the expiration of the 30-day period beginning on the date the Attorney General or the Commission receives the applicable information described in subsection (a). (d) Except with respect to the information published pursuant to subsection (b)— (1) all information and documentary material submitted as part of a notification filed pursuant to this section, and (2) all other information obtained by the Attorney General or the Commission in the course of any investigation, administrative proceeding, or case, with respect to a potential violation of the antitrust laws by the joint research and development venture with respect to which such notification was filed, shall be exempt from disclosure under section 552 of title 5, United States Code, and shall not be made publicly available by any agency of the United States to which such section applies except in a judicial or administrative proceeding in which such information and material is subject to any protective order. (e) Any person who files a notification pursuant to this section may withdraw such notification before notice of the joint research and development venture involved is published under subsection (b). Any notification so withdrawn shall not be subject to subsection (b) and shall not confer the protections of section 4 on any person with respect to whom such notification was filed. (f) Any action taken or not taken by the Attorney General or the Commission with respect to notifications filed pursuant to this section shall not be subject to judicial review. (g) (1) Except as provided in paragraph (2), for the sole purpose of establishing that a person is entitled to the protections of section 4, the fact of disclosure of conduct under section 6(a) and the fact of publication of a notice under section 6(b) shall be admissible into evidence in any judicial or administrative proceeding. (2) No action by the Attorney General or the Commission taken pursuant to this section shall be admissible into evidence in any such proceeding for the purpose of supporting or answering any claim under the antitrust laws or under any State law similar to the antitrust laws.

2. 1993

   National Cooperative Production Amendments of 1993

   Pub. L. 103–42 § 3(f)(1) · 107 Stat. 117

   Substituted · 15 U.S.C. § 4305

   Pub. L. 103–42, § 3(f)(1), substituted “joint venture” for “joint research and development venture” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 103–42, § 3(f)(1), substituted “joint venture” for “joint research and development venture” in section catchline.

   Enacted provision · exact public law section
   (1) in the heading by striking “research and development”;

3. 1993

   National Cooperative Production Amendments of 1993

   Pub. L. 103–42 § 3(f)(2) · 107 Stat. 117

   1. Substituted · 15 U.S.C. § 4305(a)

      Pub. L. 103–42, § 3(f)(2), (3), substituted “joint venture” for “joint research and development venture”

   2. Substituted · 15 U.S.C. § 4305(a)

      Pub. L. 103–42, § 3(f)(2), (3), substituted “October 11, 1984” for “the date of the enactment of this Act”

   3. Added · 15 U.S.C. § 4305(a)

      Pub. L. 103–42, § 3(f)(2), (3), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–42, § 3(f)(2), (3), substituted “joint venture” for “joint research and development venture” and “October 11, 1984” for “the date of the enactment of this Act” and added par. (3).

   Enacted provision · exact public law section
   (2) in subsection (a)— (A) by striking “the date of the enactment of this Act” and inserting “October 11, 1984”; (B) in paragraph (1) by striking “and” at the end; (C) in paragraph (2) by striking the period at the end and inserting “, and”; and (D) by inserting the following after paragraph (2): “(3) if a purpose of such venture is the production of a product, process, or service, as referred to in section 2(a)(6)(D), the identity and nationality of any person who is a party to such venture, or who controls any party to such venture whether separately or with one or more other persons acting as a group for the purpose of controlling such party.”; and

4. 1993

   National Cooperative Production Amendments of 1993

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

   Substituted · 15 U.S.C. § 4305(d)(2); 15 U.S.C. § 4305(d)(e)

   Pub. L. 103–42, § 3(f)(3), substituted “joint venture” for “joint research and development venture”

   Source evidence

   Code amendment note
   Subsecs. (d)(2), (e). Pub. L. 103–42, § 3(f)(3), substituted “joint venture” for “joint research and development venture”.

   Enacted provision · exact public law section
   (3) in subsections (a), (d)(2), and (e) by striking “research and development” each place it appears.

5. 2004

   Standards Development Organization Advancement Act of 2004

   Pub. L. 108–237 § 107(1) · 118 Stat. 661

   1. Amended · 15 U.S.C. § 4305(a)

      Pub. L. 108–237, § 107(1), designated existing provisions as par. (1)

   2. Redesignated · 15 U.S.C. § 4305(a)

      Pub. L. 108–237, § 107(1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1)

   3. Added · 15 U.S.C. § 4305(a)

      Pub. L. 108–237, § 107(1), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–237, § 107(1), designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), and added par. (2).

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, (B) by inserting “(1)” after “(a)”, and (C) by adding at the end the following: “(2) A Deadline. standards development organization may, not later than 90 days after commencing a standards development activity engaged in for the purpose of developing or promulgating a voluntary consensus standards or not later than 90 days after the date of the enactment of the Standards Development Organization Advancement Act of 2004, whichever is later, file simultaneously with the Attorney General and the Commission, a written notification disclosing— “(A) the name and principal place of business of the standards development organization, and “(B) documents showing the nature and scope of such activity. Any standards development organization may file additional disclosure notifications pursuant to this section as are appropriate to extend the protections of section 4 to standards development activities that are not covered by the initial filing or that have changed significantly since the initial filing.”,

6. 2004

   Standards Development Organization Advancement Act of 2004

   Pub. L. 108–237 § 107(2) · 118 Stat. 661

   Inserted · 15 U.S.C. § 4305(b)

   Pub. L. 108–237, § 107(2), inserted “, or a notice with respect to such standards development activity that identifies the standards development organization engaged in such activity and that describes such activity in general terms” before period at end of first sentence and “or available to such organization, as the case may be” before period at end of last sentence

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 108–237, § 107(2), inserted “, or a notice with respect to such standards development activity that identifies the standards development organization engaged in such activity and that describes such activity in general terms” before period at end of first sentence and “or available to such organization, as the case may be” before period at end of last sentence.

   Enacted provision · exact public law section
   (2) in subsection (b)— (A) in the 1st sentence by inserting “, or a notice with respect to such standards development activity that identifies the standards development organization engaged in such activity and that describes such activity in general terms” before the period at the end, and (B) in the last sentence by inserting “or available to such organization, as the case may be” before the period,

7. 2004

   Standards Development Organization Advancement Act of 2004

   Pub. L. 108–237 § 107(3) · 118 Stat. 661

   Inserted · 15 U.S.C. § 4305(d)(2)

   Pub. L. 108–237, § 107(3), inserted “, or the standards development activity,” after “venture”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 108–237, § 107(3), inserted “, or the standards development activity,” after “venture”.

   Enacted provision · exact public law section
   (3) in subsection (d)(2) by inserting “, or the standards development activity,” after “venture”,

8. 2004

   Standards Development Organization Advancement Act of 2004

   Pub. L. 108–237 § 107(4) · 118 Stat. 661

   1. Substituted · 15 U.S.C. § 4305(e)

      Pub. L. 108–237, § 107(4), substituted “person or standards development organization that” for “person who”

   2. Inserted · 15 U.S.C. § 4305(e)

      Pub. L. 108–237, § 107(4), inserted “or any standards development organization” after “on any person”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 108–237, § 107(4), substituted “person or standards development organization that” for “person who” and inserted “or any standards development organization” after “on any person”.

   Enacted provision · exact public law section
   (4) in subsection (e)— (A) by striking “person who” and inserting “person or standards development organization that”, and (B) by inserting “or any standards development organization” after “person” the last place it appears, and

9. 2004

   Standards Development Organization Advancement Act of 2004

   Pub. L. 108–237 § 107(5) · 118 Stat. 661

   Inserted · 15 U.S.C. § 4305(g)(1)

   Pub. L. 108–237, § 107(5), inserted “or standards development organization” after “person”

   Source evidence

   Code amendment note
   Subsec. (g)(1). Pub. L. 108–237, § 107(5), inserted “or standards development organization” after “person”.

   Enacted provision · exact public law section
   (5) in subsection (g)(1) by inserting “or standards development organization” after “person”.

14 of 14 references resolved to an enrolled provision