15 U.S.C. § 4305 : US Code - Section 4305: Disclosure of joint venture

Search 15 U.S.C. § 4305 : US Code - Section 4305: Disclosure of joint venture

(a) Written notifications; filing
(1) Any party to a joint venture, acting on such venture's
behalf, may, not later than 90 days after entering into a written
agreement to form such venture or not later than 90 days after
October 11, 1984, whichever is later, file simultaneously with the
Attorney General and the Commission a written notification
disclosing -
(A) the identities of the parties to such venture,
(B) the nature and objectives of such venture, and
(C) if a purpose of such venture is the production of a
product, process, or service, as referred to in section
4301(a)(6)(D) of this title, the identity and nationality of any
person who is a party to such venture, or who controls any party
to such venture whether separately or with one or more other
persons acting as a group for the purpose of controlling such
party.
Any party to such venture, acting on such venture's behalf, may
file additional disclosure notifications pursuant to this section
as are appropriate to extend the protections of section 4303 of
this title. In order to maintain the protections of section 4303 of
this title, such venture shall, not later than 90 days after a
change in its membership, file simultaneously with the Attorney
General and the Commission a written notification disclosing such
change.
(2) A standards development organization may, not later than 90
days after commencing a standards development activity engaged in
for the purpose of developing or promulgating a (!1) voluntary
consensus standards or not later than 90 days after June 22, 2004,
whichever is later, file simultaneously with the Attorney General
and the Commission, a written notification disclosing -
(A) the name and principal place of business of the standards
development organization, and
(B) documents showing the nature and scope of such activity.
Any standards development organization may file additional
disclosure notifications pursuant to this section as are
appropriate to extend the protections of section 4303 of this title
to standards development activities that are not covered by the
initial filing or that have changed significantly since the initial
filing.
(b) Publication; Federal Register; notice
Except as provided in subsection (e) of this section, not later
than 30 days after receiving a notification filed under subsection
(a) of this section, the Attorney General or the Commission shall
publish in the Federal Register a notice with respect to such
venture that identifies the parties to such venture and that
describes in general terms the area of planned activity of such
venture, or a notice with respect to such standards development
activity that identifies the standards development organization
engaged in such activity and that describes such activity in
general terms. Prior to its publication, the contents of such
notice shall be made available to the parties to such venture or
available to such organization, as the case may be.
(c) Effect of notice
If with respect to a notification filed under subsection (a) of
this section, notice is published in the Federal Register, then
such notification shall operate to convey the protections of
section 4303 of this title as of the earlier of -
(1) the date of publication of notice under subsection (b) of
this section, or
(2) if such notice is not so published within the time required
by subsection (b) of this section, after the expiration of the 30-
day period beginning on the date the Attorney General or the
Commission receives the applicable information described in
subsection (a) of this section.
(d) Exemption; disclosure; information
Except with respect to the information published pursuant to
subsection (b) of this section -
(1) all information and documentary material submitted as part
of a notification filed pursuant to this section, and
(2) all other information obtained by the Attorney General or
the Commission in the course of any investigation, administrative
proceeding, or case, with respect to a potential violation of the
antitrust laws by the joint venture, or the standards development
activity, with respect to which such notification was filed,
shall be exempt from disclosure under section 552 of title 5, and
shall not be made publicly available by any agency of the United
States to which such section applies except in a judicial or
administrative proceeding in which such information and material is
subject to any protective order.
(e) Withdrawal of notification
Any person or standards development organization that files a
notification pursuant to this section may withdraw such
notification before notice of the joint venture involved is
published under subsection (b) of this section. Any notification so
withdrawn shall not be subject to subsection (b) of this section
and shall not confer the protections of section 4303 of this title
on any person or any standards development organization with
respect to whom such notification was filed.
(f) Judicial review; inapplicable with respect to notifications
Any action taken or not taken by the Attorney General or the
Commission with respect to notifications filed pursuant to this
section shall not be subject to judicial review.
(g) Admissibility into evidence; disclosure of conduct; publication
of notice; supporting or answering claims under antitrust laws
(1) Except as provided in paragraph (2), for the sole purpose of
establishing that a person or standards development organization is
entitled to the protections of section 4303 of this title, the fact
of disclosure of conduct under subsection (a) of this section and
the fact of publication of a notice under subsection (b) of this
section shall be admissible into evidence in any judicial or
administrative proceeding.
(2) No action by the Attorney General or the Commission taken
pursuant to this section shall be admissible into evidence in any
such proceeding for the purpose of supporting or answering any
claim under the antitrust laws or under any State law similar to
the antitrust laws.