15 U.S.C. § 4302
In any action under the antitrust laws, or under any State law similar to the antitrust laws, the conduct of-
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.
15 U.S.C. § 4302
EDITORIAL NOTES
AMENDMENTS2004- 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."
- joint venture
- The term "joint venture" means any group of activities, including attempting to make, making, or performing a contract, by two or more persons for the purpose of-(A) theoretical analysis, experimentation, or systematic study of phenomena or observable facts,(B) the development or testing of basic engineering techniques,(C) the extension of investigative findings or theory of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, prototypes, equipment, materials, and processes,(D) the production of a product, process, or service,(E) the testing in connection with the production of a product, process, or service by such venture,(F) the collection, exchange, and analysis of research or production information, or(G) any combination of the purposes specified in subparagraphs (A), (B), (C), (D), (E), and (F),and may include the establishment and operation of facilities for the conducting of such venture, the conducting of such venture on a protected and proprietary basis, and the prosecuting of applications for patents and the granting of licenses for the results of such venture, but does not include any activity specified in subsection (b).
- standards development activity
- The term "standards development activity" means any action taken by a standards development organization for the purpose of developing, promulgating, revising, amending, reissuing, interpreting, or otherwise maintaining a voluntary consensus standard, or using such standard in conformity assessment activities, including actions relating to the intellectual property policies of the standards development organization.
- standards development organization
- The term "standards development organization" means a domestic or international organization that plans, develops, establishes, or coordinates voluntary consensus standards using procedures that incorporate the attributes of openness, balance of interests, due process, an appeals process, and consensus in a manner consistent with the Office of Management and Budget Circular Number A-119, as revised February 10, 1998. The term "standards development organization" shall not, for purposes of this chapter, include the parties participating in the standards development organization.