Citation Edit

National Cooperative Research Act of 1984, Pub. L. No. 98-462, 98 Stat. 1815 (1984), codified at 15 U.S.C. §§4301-05 (amended by National Cooperative Research and Production Act of 1993, Pub. L. No. 103-42, 107 Stat. 117 (1993)).

Overview Edit

The Act was the first law that allowed organizations to collaborate to carry out joint research and development ventures and not be deemed illegal "per se" under Federal antitrust laws or similar State laws. In antitrust actions against such ventures, the "rule of reason" rather than the "per se rule" applies. Research and development ventures are exempt from treble damages liability under 15 U.S.C. §15 by limiting any recoveries in civil suits to actual damages, interest, and costs of suit, including attorney's fees.[1] To gain the protection under 15 U.S.C. §4303, written notification must be filed with the U.S. Attorney General and Federal Trade Commission.

One result has been a rapid growth in IT consortia developing standards.

References Edit

  1. See 15 U.S.C. §4303.

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