15 U.S.C. § 4306

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 4306 - Application of section 4303 protections to production of products, processes, and services

Notwithstanding sections 4303 and 4305 of this title, the protections of section 4303 of this title shall not apply with respect to a joint venture's production of a product, process, or service, as referred to in section 4301(a)(6)(D) of this title, unless-

(1) the principal facilities for such production are located in the United States or its territories, and

(2) each person who controls any party to such venture (including such party itself) is a United States person, or a foreign person from a country whose law accords antitrust treatment no less favorable to United States persons than to such country's domestic persons with respect to participation in joint ventures for production.

15 U.S.C. § 4306

Pub. L. 98-462, §7, as added Pub. L. 103-42, §3(g), June 10, 1993, 107 Stat. 119.

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).