2016 US Code
Title 15 - Commerce and Trade
Chapter 69 - Cooperative Research
Sec. 4302 - Rule of reason standard

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Citation 15 U.S.C. § 4302 (2016)
Section Name §4302. Rule of reason standard
Section Text

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.

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.)

Editorial Notes AMENDMENTS

2004—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."

Publication Title United States Code, 2012 Edition, Supplement 4, 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 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
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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