S.574 - National Cooperative Production Amendments Act of 1993103rd Congress (1993-1994)
Summary: S.574 — 103rd Congress (1993-1994)
Reported to Senate amended (06/07/1993)
National Cooperative Production Amendments Act of 1993 - Amends the National Cooperative Research Act of 1984 to apply such Act to joint ventures for the production of a product, process, or service and the testing in connection with such production.
Revises the Act to exclude from the definition of "joint venture": (1) activities where two or more persons enter into an agreement or engage in any other conduct involving the marketing, distribution, or provision by any person who is a party to such venture of any product, process, or service other than the distribution among the parties of a product, process, or service produced by the venture; the marketing of proprietary information developed through the venture formed under a written agreement entered into before the date of this Act's enactment; or the licensing, conveying, or transferring of intellectual property developed through such venture formed under a written agreement entered into on or after such date; (2) entering into any agreement or engaging in any other conduct allocating a market with a competitor; (3) exchanging among competitors information relating to production (other than production by such venture) of a product, process, or service if such information is not reasonably required to carry out the purpose of such venture; (4) entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the production of a product, process, or service (other than the production by such venture); (5) using existing facilities in connection with the production of a product, process, or service by such venture unless the use is for the production of a new product or technology; and (6) entering into any agreement or engaging in any other conduct to restrict or require participation by any party to such venture in any unilateral or joint activity that is not reasonably required to carry out the purpose of the venture, with exceptions.
Makes conforming amendments to the "rule of reason" standard to provide that: (1) in any action under Federal antitrust law or similar State law, the conduct of any person in making or performing a contract to carry out a joint venture shall not be deemed illegal per se; and (2) for the purpose of determining a properly defined, relevant market, worldwide capacity shall be considered, if appropriate.
Makes protections of the Act inapplicable with respect to a joint venture's production of a product, process, or service, 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 the party itself) is a U.S. person or a foreign person from a country whose law accords antitrust treatment no less favorable to U.S. persons than to that country's domestic persons with respect to participation in joint ventures for production.
Sets forth reporting requirements regarding joint ventures for production and U.S. competitiveness.