15 U.S.C. § 4305 — Disclosure of joint venture

Page 2117 TITLE 15—COMMERCE AND TRADE § 4305 1 So in original. suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith. (b) The award made under subsection (a) may be offset in whole or in part by an award in favor of any other party for any part of the cost of suit, including a reasonable attorney’s fee, at- tributable to conduct during the litigation by any prevailing party that the court finds to be frivolous, unreasonable, without foundation, or in bad faith. (c) Subsections (a) and (b) shall not apply with respect to any person who— (1) directly participates in a standards devel- opment activity with respect to which a viola- tion of any of the antitrust laws is found, (2) is not a fulltime employee of a standards development organization that engaged in such activity, and (3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with re- spect to which such violation is found. (Pub. L. 98–462, § 5, Oct. 11, 1984, 98 Stat. 1817; Pub. L. 103–42, § 3(e)(2), June 10, 1993, 107 Stat. 119; Pub. L. 108–237, title I, § 106, June 22, 2004, 118 Stat. 664.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–237, § 106(1), inserted ‘‘, or of a standards development activity engaged in by a standards development organization’’ after ‘‘joint venture’’ in introductory provisions. Subsec. (c). Pub. L. 108–237, § 106(2), added subsec. (c). 1993—Subsec. (a). Pub. L. 103–42 substituted ‘‘joint venture’’ for ‘‘joint research and development venture’’ in introductory provisions. § 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 simulta- neously with the Attorney General and the Com- mission a written notification disclosing— (A) the identities of the parties to such ven- ture, (B) the nature and objectives of such ven- ture, and (C) if a purpose of such venture is the pro- duction of a product, process, or service, as re- ferred 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 ven- ture’s behalf, may file additional disclosure no- tifications pursuant to this section as are appro- priate to extend the protections of section 4303 of this title. In order to maintain the protec- tions of section 4303 of this title, such venture shall, not later than 90 days after a change in its membership, file simultaneously with the Attor- ney General and the Commission a written noti- fication 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 dis- closing— (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 stand- ards development activities that are not covered by the initial filing or that have changed signifi- cantly since the initial filing. (b) Publication; Federal Register; notice Except as provided in subsection (e), not later than 30 days after receiving a notification filed under subsection (a), 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 ac- tivity 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), 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), or (2) if such notice is not so published within the time required by subsection (b), after the expiration of the 30-day period beginning on the date the Attorney General or the Commis- sion receives the applicable information de- scribed in subsection (a). (d) Exemption; disclosure; information Except with respect to the information pub- lished pursuant to subsection (b)— (1) all information and documentary mate- rial submitted as part of a notification filed pursuant to this section, and (2) all other information obtained by the At- torney General or the Commission in the course of any investigation, administrative Page 2118 TITLE 15—COMMERCE AND TRADE § 4305 proceeding, or case, with respect to a potential violation of the antitrust laws by the joint venture, or the standards development activ- ity, 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 in- formation and material is subject to any protec- tive order. (e) Withdrawal of notification Any person or standards development organi- zation that files a notification pursuant to this section may withdraw such notification before notice of the joint venture involved is published under subsection (b). Any notification so with- drawn shall not be subject to subsection (b) and shall not confer the protections of section 4303 of this title on any person or any standards de- velopment 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 Attor- ney 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 con- duct; publication of notice; supporting or an- swering 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 sub- section (a) and the fact of publication of a notice under subsection (b) shall be admissible into evi- dence in any judicial or administrative pro- ceeding. (2) No action by the Attorney General or the Commission taken pursuant to this section shall be admissible into evidence in any such pro- ceeding for the purpose of supporting or answer- ing any claim under the antitrust laws or under any State law similar to the antitrust laws. (Pub. L. 98–462, § 6, Oct. 11, 1984, 98 Stat. 1818; Pub. L. 103–42, § 3(f), June 10, 1993, 107 Stat. 119; Pub. L. 108–237, title I, § 107, June 22, 2004, 118 Stat. 664.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–237, § 107(1), designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), and added par. (2). Subsec. (b). Pub. L. 108–237, § 107(2), inserted ‘‘, or a notice with respect to such standards development ac- tivity that identifies the standards development orga- nization engaged in such activity and that describes such activity in general terms’’ before period at end of first sentence and ‘‘or available to such organization, as the case may be’’ before period at end of last sen- tence. Subsec. (d)(2). Pub. L. 108–237, § 107(3), inserted ‘‘, or the standards development activity,’’ after ‘‘venture’’. Subsec. (e). Pub. L. 108–237, § 107(4), substituted ‘‘per- son or standards development organization that’’ for ‘‘person who’’ and inserted ‘‘or any standards develop- ment organization’’ after ‘‘on any person’’. Subsec. (g)(1). Pub. L. 108–237, § 107(5), inserted ‘‘or standards development organization’’ after ‘‘person’’. 1993—Pub. L. 103–42, § 3(f)(1), substituted ‘‘joint ven- ture’’ for ‘‘joint research and development venture’’ in section catchline. Subsec. (a). Pub. L. 103–42, § 3(f)(2), (3), substituted ‘‘joint venture’’ for ‘‘joint research and development venture’’ and ‘‘October 11, 1984’’ for ‘‘the date of the en- actment of this Act’’ and added par. (3). Subsecs. (d)(2), (e). Pub. L. 103–42, § 3(f)(3), substituted ‘‘joint venture’’ for ‘‘joint research and development venture’’. Statutory Notes and Related Subsidiaries REPORTS ON JOINT VENTURES AND UNITED STATES COMPETITIVENESS Pub. L. 103–42, § 4, June 10, 1993, 107 Stat. 120, provided that: ‘‘(a) PURPOSE.—The purpose of the reports required by this section is to inform Congress and the American people of the effect of the National Cooperative Re- search and Production Act of 1993 [15 U.S.C. 4301 et seq.] on the competitiveness of the United States in key technological areas of research, development, and pro- duction. ‘‘(b) ANNUAL REPORT BY THE ATTORNEY GENERAL.—In the 30-day period beginning at each 1-year interval in the 6-year period beginning on the date of the enact- ment of this Act [June 10, 1993], the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Ju- diciary of the Senate— ‘‘(1) a list of joint ventures for which notice was filed under section 6(a) of the National Cooperative Research and Production Act of 1993 [15 U.S.C. 4305(a)] during the 12-month period for which such re- port is made, including— ‘‘(A) the purpose of each joint venture; ‘‘(B) the identity of each party described in sec- tion 6(a)(1) of such Act; and ‘‘(C) the identity and nationality of each person described in section 6(a)(3) of such Act; and ‘‘(2) a list of cases and proceedings, if any, brought during such period under the antitrust laws by the Department of Justice, and by the Federal Trade Commission, with respect to joint ventures for which notice was filed under such section at any time. ‘‘(c) TRIENNIAL REPORT BY THE ATTORNEY GENERAL.— In the 30-day period beginning at each 3-year interval in the 6-year period beginning on the date of the enact- ment of this Act [June 10, 1993], the Attorney General, after consultation with such other agencies as the At- torney General considers to be appropriate, shall sub- mit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a description of the technological areas most commonly pursued by joint ventures for produc- tion for which notice was filed under section 6(a) of the National Cooperative Research and Production Act of 1993 [15 U.S.C. 4305(a)] during the 3-year period for which such report is made, and an analysis of the trends in the competitiveness of United States industry in such areas. ‘‘(d) REVIEW OF ANTITRUST TREATMENT UNDER FOR- EIGN LAWS.—In the three 30-day periods beginning 1 year, 3 years, and 6 years after the date of the enact- ment of this Act [June 10, 1993], the Attorney General, after consultation with such other agencies as the At- torney General considers to be appropriate, shall sub- mit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the antitrust treatment of United States businesses with respect to participation in joint ventures for production, under the law of each foreign nation any of whose domestic businesses dis- closed its nationality under section 6(a)(3) of the Na- Page 2119 TITLE 15—COMMERCE AND TRADE § 4402 tional Cooperative Research and Production Act of 1993 [15 U.S.C. 4305(a)(3)] at any time.’’ § 4306. Application of section 4303 protections to production of products, processes, and serv- ices Notwithstanding sections 4303 and 4305 of this title, the protections of section 4303 of this title shall not apply with respect to a joint venture’s production of a product, process, or service, as referred to in section 4301(a)(6)(D) of this title, unless— (1) the principal facilities for such produc- tion are located in the United States or its territories, and (2) each person who controls any party to such venture (including such party itself) is a United States person, or a foreign person from a country whose law accords antitrust treat- ment no less favorable to United States per- sons than to such country’s domestic persons with respect to participation in joint ventures for production. (Pub. L. 98–462, § 7, as added Pub. L. 103–42, § 3(g), June 10, 1993, 107 Stat. 119.) CHAPTER 70—COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION Sec. 4401. Public education. 4402. Smokeless tobacco warning. 4403. Ingredient reporting. 4404. Enforcement, regulations, and construction. 4405. Injunctions. 4406. Preemption. 4407. Omitted. 4408. Definitions. § 4401. Public education (a) Development (1) The Secretary of Health and Human Serv- ices shall establish and carry out a program to inform the public of any dangers to human health resulting from the use of smokeless to- bacco products. In carrying out such program the Secretary shall— (A) develop educational programs and mate- rials and public service announcements re- specting the dangers to human health from the use of smokeless tobacco; (B) make such programs, materials, and an- nouncements available to States, local govern- ments, school systems, the media, and such other entities as the Secretary determines ap- propriate to further the purposes of this chap- ter; (C) conduct and support research on the ef- fect of smokeless tobacco on human health; and (D) collect, analyze, and disseminate infor- mation and studies on smokeless tobacco and health. (2) In developing programs, materials, and an- nouncements under paragraph (1) the Secretary shall consult with the Secretary of Education, medical and public health entities, consumer groups, representatives of manufacturers of smokeless tobacco products, and other appro- priate entities. (b) Assistance The Secretary of Health and Human Services may provide technical assistance and may make grants to States— (1) to assist in the development of edu- cational programs and materials and public service announcements respecting the dangers to human health from the use of smokeless to- bacco, (2) to assist in the distribution of such pro- grams, materials, and announcements throughout the States, and (3) to establish 18 as the minimum age for the purchase of smokeless tobacco. (Pub. L. 99–252, § 2, Feb. 27, 1986, 100 Stat. 30.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–252, § 11, Feb. 27, 1986, 100 Stat. 35, provided that: ‘‘(a) IN GENERAL.—Except as provided in sections 3(f) and 5(b) [sections 4402(f) and 4404(b) of this title] and subsection (b), this Act [enacting this chapter and amending section 342 of Title 21, Food and Drugs] shall take effect one year after the date of enactment of this Act [Feb. 27, 1986]. ‘‘(b) EXCEPTION.—Sections 2, 3(b), 3(c), 3(d), 3(e), 4(b), 7, 8, 9 [sections 4401, 4402(b) to (e), 4403(b), and 4406 to 4408 of this title], and 10 [amending section 342 of Title 21] shall take effect on the date of the enactment of this Act [Feb. 27, 1986].’’ SHORT TITLE Pub. L. 99–252, § 1, Feb. 27, 1986, 100 Stat. 30, provided that: ‘‘This Act [enacting this chapter and amending section 342 of Title 21, Food and Drugs] may be cited as the ‘Comprehensive Smokeless Tobacco Health Edu- cation Act of 1986’.’’ § 4402. Smokeless tobacco warning (a) General rule (1) It shall be unlawful for any person to man- ufacture, package, sell, offer to sell, distribute, or import for sale or distribution within the United States any smokeless tobacco product unless the product package bears, in accordance with the requirements of this chapter, one of the following labels: WARNING: This product can cause mouth cancer. WARNING: This product can cause gum dis- ease and tooth loss. WARNING: This product is not a safe alter- native to cigarettes. WARNING: Smokeless tobacco is addictive. (2) Each label statement required by para- graph (1) shall be— (A) located on the 2 principal display panels of the package, and each label statement shall comprise at least 30 percent of each such dis- play panel; and (B) in 17-point conspicuous and legible type and in black text on a white background, or white text on a black background, in a manner that contrasts by typography, layout, or color, with all other printed material on the pack- age, in an alternating fashion under the plan submitted under subsection (b)(3), except that if the text of a label statement would occupy more than 70 percent of the area specified by