§4305 — Title 15 Commerce and Trade | U.S. Code

Summary

Parties in a joint venture can file a written notice with the Attorney General and the Federal Trade Commission within 90 days after they sign the joint venture agreement or within 90 days after October 11, 1984, whichever comes later. The notice must say who is in the venture, what the venture will do, and if the venture will make a product, process, or service, it must list the identity and nationality of any party or anyone who controls a party. A standards development organization that starts work on voluntary consensus standards must file within 90 days after it begins that work or within 90 days after June 22, 2004, whichever is later, and must give its name, main office location, and documents showing what the standards work is. After a notice is received, the Attorney General or the Commission must publish a short notice in the Federal Register within 30 days saying who is involved and what general activity is planned. The filer sees the notice before it goes public. The date the notice is published (or 30 days after the government received the notice if publication is late) is when protections under section 4303 start. Everything filed, and other information the agencies get while looking into possible antitrust problems, stays confidential except for what is put in the published notice. A filer may withdraw the notice before it is published; a withdrawn notice will not be published and gives no protection. The agencies’ actions about these notices cannot be reviewed by a court. The fact that a notice was filed and that a notice was published can be used as proof that someone is entitled to the section 4303 protections, but actions by the agencies under this rule cannot be used as evidence to support or oppose antitrust claims.

Title 15, §4305

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)Any party to a joint 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 October 11, 1984, whichever is later, file simultaneously with the Attorney General and the Commission a written notification disclosing—

(A)the identities of the parties to such venture,

(B)the nature and objectives of such venture, and

(C)if a purpose of such venture is the production of a product, process, or service, as referred to in section 4301(a)(6)(D) of this title, 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.

(2)A 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 11 So in original. voluntary consensus standards or not later than 90 days after June 22, 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.

(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, 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. Prior to its publication, the contents of such notice shall be made available to the parties to such venture or available to such organization, as the case may be.

(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 4303 of this title 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 venture, or the standards development activity, with respect to which such notification was filed,

(e)Any person or standards development organization that files a notification pursuant to this section may withdraw such notification before notice of the joint 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 4303 of this title on any person or any standards development organization 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 or standards development organization is entitled to the protections of section 4303 of this title, the fact of disclosure of conduct under subsection (a) and the fact of publication of a notice under subsection (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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—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). 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. Subsec. (d)(2). Pub. L. 108–237, § 107(3), inserted “, or the standards development activity,” after “venture”. 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”. Subsec. (g)(1). Pub. L. 108–237, § 107(5), inserted “or standards development organization” after “person”. 1993—Pub. L. 103–42, § 3(f)(1), substituted “joint venture” for “joint research and development venture” in section catchline. 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). Subsecs. (d)(2), (e). Pub. L. 103–42, § 3(f)(3), substituted “joint venture” for “joint research and development venture”.

Statutory Notes and Related Subsidiaries

Reports on Joint Ventures and United States Competitiveness Pub. L. 103–42, § 4,

June 10, 1993, 107 Stat. 120, provided that: “(a) Purpose.—The purpose of the reports required by this section is to inform Congress and the American people of the effect of the National Cooperative Research and Production Act of 1993 [15 U.S.C. 4301 et seq.] on the competitiveness of the United States in key technological areas of research, development, and production. “(b) Annual Report by the Attorney General.—In the 30-day period beginning at each 1-year interval in the 6-year period beginning on the date of the enactment of this Act [

June 10, 1993], the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate—“(1) a list of joint ventures for which notice was filed under section 6(a) of the National Cooperative Research and Production Act of 1993 [15 U.S.C. 4305(a)] during the 12-month period for which such report is made, including—“(A) the purpose of each joint venture; “(B) the identity of each party described in section 6(a)(1) of such Act; and “(C) the identity and nationality of each person described in section 6(a)(3) of such Act; and “(2) a list of cases and proceedings, if any, brought during such period under the antitrust laws by the Department of Justice, and by the Federal Trade Commission, with respect to joint ventures for which notice was filed under such section at any time. “(c) Triennial Report by the Attorney General.—In the 30-day period beginning at each 3-year interval in the 6-year period beginning on the date of the enactment of this Act [

June 10, 1993], the Attorney General, after consultation with such other agencies as the Attorney General considers to be appropriate, shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a description of the technological areas most commonly pursued by joint ventures for production for which notice was filed under section 6(a) of the National Cooperative Research and Production Act of 1993 [15 U.S.C. 4305(a)] during the 3-year period for which such report is made, and an analysis of the trends in the competitiveness of United States industry in such areas. “(d) Review of Antitrust Treatment Under Foreign Laws.—In the three 30-day periods beginning 1 year, 3 years, and 6 years after the date of the enactment of this Act [

June 10, 1993], the Attorney General, after consultation with such other agencies as the Attorney General considers to be appropriate, shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the antitrust treatment of United States businesses with respect to participation in joint ventures for production, under the law of each foreign nation any of whose domestic businesses disclosed its nationality under section 6(a)(3) of the National Cooperative Research and Production Act of 1993 [15 U.S.C. 4305(a)(3)] at any time.”

§4305 Disclosure of joint venture