15-U.S.C.-4302

§4302 – Rule of Reason Standard

Pathway

Title 15 > Chapter 69 > Section 4302

Details

• Reference: Section 4302
• Legend: §4302 – Rule of Reason Standard
• USCode Year: 2013

Provision Content

In any action under the antitrust laws, or under any State law similar to the antitrust laws, the conduct of—

(1) any person in making or performing a contract to carry out a joint venture, or

(2) 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.

(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.)

Amendments

2004—Pub. L. 108–237 substituted of—

(1) any person in making or performing a contract to carry out a joint venture, or

(2) a standards development organization while engaged in a standards development activity,

shall for of any person in making or performing a contract to carry out a joint venture shall.

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.

U.S. Encyclopedia of Law Coverage

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Topic Map

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