§ 4305. — Disclosure of joint venture.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC4305]
TITLE 15--COMMERCE AND TRADE
CHAPTER 69--COOPERATIVE RESEARCH
Sec. 4305. Disclosure of joint venture
(a) Written notifications; filing
Any party to a joint venture, acting on such venture's behalf, may,
not later than 90 days after entering into a written agreement to form
such venture or not later than 90 days after October 11, 1984, whichever
is later, file simultaneously with the Attorney General and the
Commission a written notification disclosing--
(1) the identities of the parties to such venture,
(2) the nature and objectives of such venture, and
(3) if a purpose of such venture is the production of a product,
process, or service, as referred to in section 4301(a)(6)(D) of this
title, the identity and nationality of any person who is a party to
such venture, or who controls any party to such venture whether
separately or with one or more other persons acting as a group for
the purpose of controlling such party.
Any party to such venture, acting on such venture's behalf, may file
additional disclosure notifications pursuant to this section as are
appropriate to extend the protections of section 4303 of this title. In
order to maintain the protections of section 4303 of this title, such
venture shall, not later than 90 days after a change in its membership,
file simultaneously with the Attorney General and the Commission a
written notification disclosing such change.
(b) Publication; Federal Register; notice
Except as provided in subsection (e) of this section, not later than
30 days after receiving a notification filed under subsection (a) of
this section, the Attorney General or the Commission shall publish in
the Federal Register a notice with respect to such venture that
identifies the parties to such venture and that describes in general
terms the area of planned activity of such venture. Prior to its
publication, the contents of such notice shall be made available to the
parties to such venture.
(c) Effect of notice
If with respect to a notification filed under subsection (a) of this
section, notice is published in the Federal Register, then such
notification shall operate to convey the protections of section 4303 of
this title as of the earlier of--
(1) the date of publication of notice under subsection (b) of
this section, or
(2) if such notice is not so published within the time required
by subsection (b) of this section, after the expiration of the 30-
day period beginning on the date the Attorney General or the
Commission receives the applicable information described in
subsection (a) of this section.
(d) Exemption; disclosure; information
Except with respect to the information published pursuant to
subsection (b) of this section--
(1) all information and documentary material submitted as part
of a notification filed pursuant to this section, and
(2) all other information obtained by the Attorney General or
the Commission in the course of any investigation, administrative
proceeding, or case, with respect to a potential violation of the
antitrust laws by the joint venture with respect to which such
notification was filed,
shall be exempt from disclosure under section 552 of title 5, and shall
not be made publicly available by any agency of the United States to
which such section applies except in a judicial or administrative
proceeding in which such information and material is subject to any
protective order.
(e) Withdrawal of notification
Any person who files a notification pursuant to this section may
withdraw such notification before notice of the joint venture involved
is published under subsection (b) of this section. Any notification so
withdrawn shall not be subject to subsection (b) of this section and
shall not confer the protections of section 4303 of this title on any
person with respect to whom such notification was filed.
(f) Judicial review; inapplicable with respect to notifications
Any action taken or not taken by the Attorney General or the
Commission with respect to notifications filed pursuant to this section
shall not be subject to judicial review.
(g) Admissibility into evidence; disclosure of conduct; publication of
notice; supporting or answering claims under antitrust laws
(1) Except as provided in paragraph (2), for the sole purpose of
establishing that a person is entitled to the protections of section
4303 of this title, the fact of disclosure of conduct under subsection
(a) of this section and the fact of publication of a notice under
subsection (b) of this section shall be admissible into evidence in any
judicial or administrative proceeding.
(2) No action by the Attorney General or the Commission taken
pursuant to this section shall be admissible into evidence in any such
proceeding for the purpose of supporting or answering any claim under
the antitrust laws or under any State law similar to the antitrust laws.
(Pub. L. 98-462, Sec. 6, Oct. 11, 1984, 98 Stat. 1818; Pub. L. 103-42,
Sec. 3(f), June 10, 1993, 107 Stat. 119.)
Amendments
1993--Pub. L. 103-42, Sec. 3(f)(1), substituted ``joint venture''
for ``joint research and development venture'' in section catchline.
Subsec. (a). Pub. L. 103-42, Sec. 3(f)(2), (3), substituted ``joint
venture'' for ``joint research and development venture'' and ``October
11, 1984'' for ``the date of the enactment of this Act'' and added par.
(3).
Subsecs. (d)(2), (e). Pub. L. 103-42, Sec. 3(f)(3), substituted
``joint venture'' for ``joint research and development venture''.
Reports on Joint Ventures and United States Competitiveness
Section 4 of Pub. L. 103-42 provided that:
``(a) Purpose.--The purpose of the reports required by this section
is to inform Congress and the American people of the effect of the
National Cooperative Research and Production Act of 1993 [15 U.S.C. 4301
et seq.] on the competitiveness of the United States in key
technological areas of research, development, and production.
``(b) Annual Report by the Attorney General.--In the 30-day period
beginning at each 1-year interval in the 6-year period beginning on the
date of the enactment of this Act [June 10, 1993], the Attorney General
shall submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate--
``(1) a list of joint ventures for which notice was filed under
section 6(a) of the National Cooperative Research and Production Act
of 1993 [15 U.S.C. 4305(a)] during the 12-month period for which
such report is made, including--
``(A) the purpose of each joint venture;
``(B) the identity of each party described in section
6(a)(1) of such Act; and
``(C) the identity and nationality of each person described
in section 6(a)(3) of such Act; and
``(2) a list of cases and proceedings, if any, brought during
such period under the antitrust laws by the Department of Justice,
and by the Federal Trade Commission, with respect to joint ventures
for which notice was filed under such section at any time.
``(c) Triennial Report by the Attorney General.--In the 30-day
period beginning at each 3-year interval in the 6-year period beginning
on the date of the enactment of this Act [June 10, 1993], the Attorney
General, after consultation with such other agencies as the Attorney
General considers to be appropriate, shall submit to the Committee on
the Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate a description of the technological areas most
commonly pursued by joint ventures for production for which notice was
filed under section 6(a) of the National Cooperative Research and
Production Act of 1993 [15 U.S.C. 4305(a)] during the 3-year period for
which such report is made, and an analysis of the trends in the
competitiveness of United States industry in such areas.
``(d) Review of Antitrust Treatment Under Foreign Laws.--In the
three 30-day periods beginning 1 year, 3 years, and 6 years after the
date of the enactment of this Act [June 10, 1993], the Attorney General,
after consultation with such other agencies as the Attorney General
considers to be appropriate, shall submit to the Committee on the
Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate a report on the antitrust treatment of United
States businesses with respect to participation in joint ventures for
production, under the law of each foreign nation any of whose domestic
businesses disclosed its nationality under section 6(a)(3) of the
National Cooperative Research and Production Act of 1993 [15 U.S.C.
4305(a)(3)] at any time.''
Section Referred to in Other Sections
This section is referred to in sections 4303, 4306 of this title.
