Page:United States Statutes at Large Volume 98 Part 2.djvu/656

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1816

PUBLIC LAW 98-462—OCT. 11, 1984 •

results of such venture, but does not include any activity specified in subsection (b). (b) The term "joint research and development venture" excludes the following activities involving two or more persons: (1) exchanging information among competitors relating to costs, sales, profitability, prices, marketing, or distribution of any product, process, or service that is not reasonably required to conduct the research and development that is the purpose of such venture, (2) entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the production or marketing by any person who is a party to such venture of any product, process, or service, other than the production or marketing of proprietary information developed through such venture, such as patents and trade secrets, and (3) entering into any agreement or engaging in any other conduct— (A) to restrict or require the sale, licensing, or sharing of inventions or developments not developed through such venture, or (B) to restrict or require participation by such party 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. RULE OF REASON STANDARD

15 USC 4302.

SEC. 3. 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 research and development venture 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 and development markets. LIMITATION ON RECOVERY

Claims. 15 USC 4303.

SEC. 4. (a) Notwithstanding section 4 of the Claj^on Act (15 U.S.C. 15) and in lieu of the relief specified in such section, any person who is entitled to recovery on a claim under such section shall recover the actual damages sustained by such person, interest calculated at the rate specified in section 1961 of title 28, United States Code, on such actual damages as specified in subsection (d), and the cost of suit attributable to such claim, including a reasonable attorney's fee pursuant to section 5 of this Act if such claim— (1) results from conduct that is within the scope of a notification that has been filed under section 6(a) of this Act for a joint research and development venture, and (2) is filed after such notification becomes effective pursuant to section 6(c) of this Act. (b) Notwithstanding section 40 of the Clayton Act (15 U.S.C. 15c), and in lieu of the relief specified in such section, any State that is entitled to monetary relief on a claim under such section shall recover the total damage sustained as described in subsection (a)(1) of such section, interest calculated at the rate specified in section