Title: US antitrust law as it relates to US joint research and development ventures

Authors: George P. Macdonald

Addresses: Partner in the law firm Jones, Day, Reavis & Pogue (Surrey & Morse), Claridge House, 32 Davies Street, London W1Y 1LG, UK

Abstract: The paper discusses US antitrust law (case law and statutory law) relating to the treatment of joint research ventures to develop intellectual property, and draws comparisons between the US National Co-operative Research Act 1984 and the EEC Regulation No. 418/85 on Research and Development Agreements. The paper sets out the basic US antitrust statutes (Sherman Act, Clayton Act, Federal Trade Commission Act), explains the difference between |per se violations| and |rule of reason|, and explains the application of the rule of reason in US law to joint research and development ventures. Finally, the paper sets out US case law relating to joint research ventures, and draws comparisons between the US legal position and treatment of joint research and development ventures under EEC Regulation No. 418/85.

Keywords: research and development; R&D agreements; US antitrust law; competition law; US National Co-operative Research Act 1984; EEC Regulation No. 418/85 on Research and Development Agreements; joint R&D; joint ventures; USA; United States; rule of reason.

DOI: 10.1504/IJTM.1988.025960

International Journal of Technology Management, 1988 Vol.3 No.1/2, pp.123 - 134

Available online: 26 May 2009 *

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