§ 4302. — Rule of reason standard.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC4302]
TITLE 15--COMMERCE AND TRADE
CHAPTER 69--COOPERATIVE RESEARCH
Sec. 4302. Rule of reason standard
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 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.
(Pub. L. 98-462, Sec. 3, Oct. 11, 1984, 98 Stat. 1816; Pub. L. 103-42,
Sec. 3(d), June 10, 1993, 107 Stat. 119.)
Amendments
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.''
