15 U.S.C. § 4301 — Definitions
submitted 42 years ago by Pub. L. 98-462 to r/title-15-COMMERCE-AND-TRADE · 1,005 words · no verdicts yet
This section defines terms used in this antitrust chapter. It explains what joint ventures and standards-development activities include and excludes specified anticompetitive conduct from those definitions.
(a) For this chapter—
(1) “Antitrust laws” has the meaning in 15 U.S.C. §12(a), and also includes §45 to the extent §45 concerns unfair methods of competition.
(2) “Attorney General” means the United States Attorney General.
(3) “Commission” means the Federal Trade Commission.
(4) “Person” has the meaning in §12(a).
(5) “State” has the meaning in §15g(2).
(6) “Joint venture” means activities by two or more persons, including trying to make, making, or performing a contract, for theoretical analysis; experiments or systematic study; developing or testing basic engineering techniques; applying scientific or technical findings in experiments or demonstrations, including producing and testing models, prototypes, equipment, materials, and processes; producing or testing a product, process, or service; collecting, exchanging, or analyzing research or production information; or any combination of those purposes. It may include facilities, protected proprietary work, patent applications, and licenses for results. It does not include conduct excluded by subsection (b).
(7) “Standards development activity” means action by a standards organization to develop, issue, revise, amend, reissue, interpret, maintain, or use a voluntary consensus standard in conformity assessment, including action concerning the organization’s intellectual-property policies.
(8) “Standards development organization” means a domestic or international organization that plans, develops, establishes, or coordinates voluntary consensus standards through open procedures that balance interests, provide due process and appeals, and use consensus consistently with OMB Circular A–119 as revised February 10, 1998. It does not include the parties participating in the organization.
(9) “Technical standard” has the meaning in section 12(d)(4) of the National Technology Transfer and Advancement Act of 1995.
(10) “Voluntary consensus standard” has the meaning in OMB Circular A–119 as revised February 10, 1998.
(b) “Joint venture” does not include—
(1) competitors exchanging information about costs, sales, profits, prices, marketing, or distribution when the information is not reasonably needed for the venture;
(2) agreements or conduct restricting, requiring, or otherwise involving a party’s marketing, distribution, or provision of a product, process, or service, except distribution of the venture’s output, marketing proprietary information developed under a written agreement made before June 10, 1993, or licensing or transferring intellectual property developed under an agreement made on or after that date;
(3) agreements or conduct restricting or requiring sale, licensing, or sharing of inventions, developments, products, processes, or services not developed or produced by the venture, or restricting or requiring a party’s other research and development, unless reasonably needed to prevent misappropriation of contributed proprietary information or venture results;
(4) allocating a market with a competitor;
(5) competitors exchanging information about production outside the venture when not reasonably needed for the venture;
(6) restricting or requiring production outside the venture;
(7) using existing facilities to produce the venture’s product or service, unless the use involves a new product or technology; or
(8) except as allowed by (2), (3), and (6), restricting or requiring a party’s participation in an unrelated unilateral or joint activity when not reasonably needed for the venture.
(c) “Standards development activity” does not include—
(1) competitors exchanging cost, sales, profit, price, marketing, or distribution information not reasonably needed to develop or issue a voluntary consensus standard or use it in conformity assessment;
(2) market allocation with a competitor; or
(3) an agreement or conspiracy setting or restraining the price of a good or service.
For purposes of this chapter:
The term “antitrust laws” has the meaning given it in subsection (a) of section 12 of this title, except that such term includes section 45 of this title to the extent that such section 45 of this title applies to unfair methods of competition.
The term “Attorney General” means the Attorney General of the United States.
The term “Commission” means the Federal Trade Commission.
The term “person” has the meaning given it in subsection (a) of section 12 of this title.
The term “State” has the meaning given it in section 15g(2) of this title.
The term “joint venture” means any group of activities, including attempting to make, making, or performing a contract, by two or more persons for the purpose of—
theoretical analysis, experimentation, or systematic study of phenomena or observable facts,
the development or testing of basic engineering techniques,
the extension of investigative findings or theory of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, prototypes, equipment, materials, and processes,
the production of a product, process, or service,
the testing in connection with the production of a product, process, or service by such venture,
the collection, exchange, and analysis of research or production information, or
any combination of the purposes specified in subparagraphs (A), (B), (C), (D), (E), and (F),
and may include the establishment and operation of facilities for the conducting of such venture, the conducting of such venture on a protected and proprietary basis, and the prosecuting of applications for patents and the granting of licenses for the results of such venture, but does not include any activity specified in subsection (b).
The term “standards development activity” means any action taken by a standards development organization for the purpose of developing, promulgating, revising, amending, reissuing, interpreting, or otherwise maintaining a voluntary consensus standard, or using such standard in conformity assessment activities, including actions relating to the intellectual property policies of the standards development organization.
The term “standards development organization” means a domestic or international organization that plans, develops, establishes, or coordinates voluntary consensus standards using procedures that incorporate the attributes of openness, balance of interests, due process, an appeals process, and consensus in a manner consistent with the Office of Management and Budget Circular Number A–119, as revised February 10, 1998. The term “standards development organization” shall not, for purposes of this chapter, include the parties participating in the standards development organization.
The term “technical standard” has the meaning given such term in section 12(d)(4) 1 of the National Technology Transfer and Advancement Act of 1995.
The term “voluntary consensus standard” has the meaning given such term in Office of Management and Budget Circular Number A–119, as revised February 10, 1998.
The term “joint venture” excludes the following activities involving two or more persons:
exchanging information among competitors relating to costs, sales, profitability, prices, marketing, or distribution of any product, process, or service if such information is not reasonably required to carry out the purpose of such venture,
entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the marketing, distribution, or provision by any person who is a party to such venture of any product, process, or service, other than—
the distribution among the parties to such venture, in accordance with such venture, of a product, process, or service produced by such venture,
the marketing of proprietary information, such as patents and trade secrets, developed through such venture formed under a written agreement entered into before June 10, 1993, or
the licensing, conveying, or transferring of intellectual property, such as patents and trade secrets, developed through such venture formed under a written agreement entered into on or after June 10, 1993,
entering into any agreement or engaging in any other conduct—
to restrict or require the sale, licensing, or sharing of inventions, developments, products, processes, or services not developed through, or produced by, such venture, or
to restrict or require participation by any person who is a party to such venture in other research and development activities,
that is not reasonably required to prevent misappropriation of proprietary information contributed by any person who is a party to such venture or of the results of such venture,
entering into any agreement or engaging in any other conduct allocating a market with a competitor,
exchanging information among competitors relating to production (other than production by such venture) of a product, process, or service if such information is not reasonably required to carry out the purpose of such venture,
entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the production (other than the production by such venture) of a product, process, or service,
using existing facilities for the production of a product, process, or service by such venture unless such use involves the production of a new product or technology, and
except as provided in paragraphs (2), (3), and (6), entering into any agreement or engaging in any other conduct to restrict or require participation by any person who is a party to such venture, in any unilateral or joint activity that is not reasonably required to carry out the purpose of such venture.
The term “standards development activity” excludes the following activities:
Exchanging information among competitors relating to cost, sales, profitability, prices, marketing, or distribution of any product, process, or service that is not reasonably required for the purpose of developing or promulgating a voluntary consensus standard, or using such standard in conformity assessment activities.
Entering into any agreement or engaging in any other conduct that would allocate a market with a competitor.
Entering into any agreement or conspiracy that would set or restrain prices of any good or service.
Source credit: (Pub. L. 98–462, § 2, Oct. 11, 1984, 98 Stat. 1815; Pub. L. 103–42, § 3(b), (c), June 10, 1993, 107 Stat. 117, 118; Pub. L. 108–237, title I, § 103, June 22, 2004, 118 Stat. 663.)
- 1984Enacted · Pub. L. 98-462 · 98 Stat. 1815
- 1993Amended · Pub. L. 103-42 · 107 Stat. 117, 118
- 2004Amended · Pub. L. 108-237 · 118 Stat. 663
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-462 on 1984-10-11.
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