15 U.S.C. § 4302: Rule of reason standard

Summary

Making or carrying out joint-venture contracts, and actions by standards organizations developing standards, are not automatically illegal. They must be judged by reasonableness, looking at all effects on competition in relevant markets (research, development, product, process, service), and worldwide capacity can be considered when defining the market.

Title 15, §4302

Commerce and Trade, Source: USLM XML via OLRC

In any action under the antitrust laws, or under any State law similar to the antitrust laws, the conduct of— (1)

(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.

Notes & Related Subsidiaries

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.”

§4302 Rule of Reason Standard

Summary

Title 15, §4302

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata