98th Congress > House > Vote 593
Sponsor: EDWARDS, William Donlon (Don) (D-CA)
Description: TO SUSPEND THE RULES AND PASS H.R. 5041, A BILL PROMOTING RESEARCH AND DEVELOPMENT, ENCOURAGING INNOVATION, AND MAKING NECESSARY AND APPROPRIATE AMENDMENTS TO THE ANTITRUST LAWS. (MOTION PASSED;2/3 REQUIRED)
Bill summary: (Measure passed House, amended, roll call #110 (417-0))
Joint Research and Development Act of 1984 - Declares that no joint research and development venture shall be deemed illegal per se under the Federal antitrust laws or under any similar State law. Excludes from the term "joint research and development venture" any activity in which two or more participating parties: (1) exchange information regarding the sales, marketing, or distribution of any product, process, or service; or (2)
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restrict or require the participation by any party in another research and development program, the production or marketing by any party of any product, process, or service, or the sale, licensing, or sharing by any party of any invention or development neither developed by such venture nor integrally related to a product or process developed by such venture.
Permits any party to a joint research and development venture to file with the Attorney General and the Federal Trade Commission (FTC) a written notice disclosing: (1) the parties to such venture; and (2) the nature, objectives, and duration of the venture. Directs the Attorney General or the FTC, within 60 days after receiving such notice, to publish in the Federal Register a notice identifying the parties to such venture and the area of planned activity and duration of such venture. Exempts material submitted as part of such notices from public disclosure.
Limits the amount that may be recovered on a claim brought by a person or by a State on behalf of its residents for an injury to business or property sustained as a result of a violation of a State or Federal antitrust law, to the amount of the actual damages sustained, interest on such damages from the date the action is filed or from the date of injury, as specified, and the cost of the suit, if: (1) the claim is based on conduct under a joint research and development venture that is described in the venture notice filed with the Attorney General and the FTC; and (2) such claim is filed after such notice is published in the Federal Register. Provides that such recovery limitation shall not apply to any conduct that occurs during the effective period of any court order enjoining such conduct as a result of a claim under Federal or State antitrust law. Directs the court to award the prevailing party on such claim the cost of litigation, including reasonable attorney's fees. Provides that such award may be reduced or withheld in the interest of justice, or reduced by an award in favor of any other party.
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Bill titles: A bill to promote research and development, encourage innovation, and make necessary and appropriate amendments to the antitrust laws.
Original source documents: Digest of the Congressional Record vol. 53, p. 3216;
Links for more info on the vote: congress.gov
