15 U.S.C. § 4302 — Rule of reason standard
submitted 42 years ago by Pub. L. 98-462 to r/title-15-COMMERCE-AND-TRADE · 119 words · no verdicts yet
This section says that specified joint-venture conduct and standards-development conduct is not automatically illegal under antitrust laws. Courts must judge that conduct by its reasonableness while considering all relevant factors affecting competition.
In an action under the antitrust laws* or a similar State* law, the conduct of (1) a person* making or performing a contract to carry out a joint venture*, or (2) a standards-development organization engaged in a standards-development activity, must not be treated as illegal per se, meaning automatically illegal. The conduct must be judged based on whether it is reasonable, taking into account all relevant factors affecting competition. These factors include, among other things, the effects on competition in properly defined, relevant research, development, product, process, and service markets. When deciding what a properly defined, relevant market is, worldwide capacity must be considered to the extent appropriate in the circumstances. This section does not define “rule of reason.”
In any action under the antitrust laws*, or under any State* law similar to the antitrust laws, the conduct of—
any person* in making or performing a contract to carry out a joint venture*, or
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.)
- 1984Enacted · Pub. L. 98-462 · 98 Stat. 1816
- 1993Amended · Pub. L. 103-42 · 107 Stat. 119
- 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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