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National Cooperative Research and Production Act

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National Cooperative Research and Production Act of 1993
Great Seal of the United States
Long titleAn Act to promote research and development, encourage innovation, stimulate trade, and make necessary and appropriate modifications in the operation of the antitrust laws.
Acronyms(colloquial)NCRPA
Enacted bythe [[the103 United States Congress United States Congress]]
Citations
Public law103-42
Statutes at Large107 Stat. 117
Legislative history
  • Committee consideration byUnited States House Committee on Judiciary Judiciary; Economic and Commercial Law
  • Passed the 103rd House on 1993-05-18 
  • Passed the Senate on 1993-05-28 
  • Signed into law by President Bill Clinton on 1993-06-10
Major amendments
Amended by theStandards Development Organization Advancement Act of 2004

TheNational Cooperative Research and Production Act (NCRPA, P.L. 103-42, 15 U.S.C. §§ 4301-4306) of 1993 is aUnited States federal law that reduces potentialantitrust liabilities of researchjoint ventures (RJV) and standards development organizations (SDOs). The law was designed to promote innovation, facilitate trade, and strengthen the competitiveness of the United States in world markets by[1]

  1. clarifying the legal standards to be applied when determining whether such activities violate Federal antitrust laws,
  2. providing for recovery of attorneys fees by the companies, and
  3. limiting monetary damages in any antitrust suit brought under the Clayton Act to actual damages, interest, and reasonable attorney's fees.[2]

The first two protections apply to all RJVs and SDOs, but the third only applies if they register with theAntitrust Division of theU.S. Department of Justice,[1] which publishes them inThe Federal Register.

The NCRPA replaced the earlierNational Cooperative Research Act of 1984 (P.L. 98-462).

According to the text of the law:

(6) 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),


Full text:https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-chapter69-front&num=0&edition=prelim

References

[edit]
  1. ^ab"Filing a Notification Under the NCRPA".U.S. Department of Justice, Antitrust Division. 2025-04-01.Archived from the original on 2025-04-14. Retrieved2025-06-29.
  2. ^"National Cooperative Research and Production Act of 1993".Federal Trade Commission. 2013-07-19. Retrieved2025-06-29.
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Sherman Antitrust Act
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