2012 US Code
Title 15 - Commerce and Trade
Chapter 69 - COOPERATIVE RESEARCH (§§ 4301 - 4306)
Section 4302 - Rule of reason standard
| Publication Title | United States Code, 2012 Edition, Title 15 - COMMERCE AND TRADE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 15 - COMMERCE AND TRADE CHAPTER 69 - COOPERATIVE RESEARCH Sec. 4302 - Rule of reason standard |
| Contains | section 4302 |
| Date | 2012 |
| Laws in Effect as of Date | January 15, 2013 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 98-462, §3, Oct. 11, 1984, 98 Stat. 1816; Pub. L. 103-42, §3(d), June 10, 1993, 107 Stat. 119; Pub. L. 108-237, title I, §104, June 22, 2004, 118 Stat. 663. |
| Statutes at Large References | 98 Stat. 1816 107 Stat. 119 118 Stat. 663 |
| Public Law References | Public Law 98-462, Public Law 103-42, Public Law 108-237 |
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In any action under the antitrust laws, or under any State law similar to the antitrust laws, the conduct 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 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, development, product, process, and service markets. 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.
(Pub. L. 98–462, §3, Oct. 11, 1984, 98 Stat. 1816; Pub. L. 103–42, §3(d), June 10, 1993, 107 Stat. 119; Pub. L. 108–237, title I, §104, June 22, 2004, 118 Stat. 663.)
Amendments2004—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”.
1993—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.”
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