National Cooperative Innovation and Commercialization Act of 1989

Summary

National Cooperative Innovation and Commercialization Act of 1989 - Establishes legal and other procedures and standards regarding cooperative innovation agreements, including procedures by which firms may seek agreement approval from an authorizing agency and thereby obtain exemption from criminal antitrust actions or civil antitrust damage actions. Defines "cooperative innovation arrangement" (arrangement) to include activities such as the making or performance of a contract for the purpose of manufacturing, producing, marketing, or otherwise commercializing products, processes, or information developed jointly. Precludes any arrangement approved under this Act by the authorizing agency from being deemed illegal per se under the Federal antitrust laws or similar State laws. Establishes a procedure for submission and approval of written applications for arrangements. Specifies required disclosures to be made in such applications. Provides for publication of notice by the authorizing agency in the Federal Register and for review of such applications. Sets forth criteria for: (1) approval of applications by the authorizing agency, including requirements that the arrangement will not possess substantial market power in any relevant market and that its duration will not exceed specified limits; and (2) defining relevant markets. Makes injunctive relief the exclusive remedy in any criminal or civil action under the antitrust laws while the authorizing agency's approval is in effect. Establishes procedures for investigation and review of the approved arrangement during any time in which an approval is in effect. Sets time limits for duration of approval and procedures for submitting applications for renewal. Makes information submitted in connection with applications for approval or petitions for revocation exempt from disclosure and confidential, with exceptions. Provides for judicial review of action by the authorizing agency. Provides for the payment of costs, including a reasonable attorney's fee, to the substantially prevailing party in any Federal antitrust or similar State law action based on conduct that results from any approved arrangement. Disclaims any intent to repeal, supersede, or modify the National Cooperative Research Act of 1984.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 21 February 1989

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