US antitrust law as it relates to US joint research and development ventures Online publication date: Tue, 26-May-2009
by George P. Macdonald
International Journal of Technology Management (IJTM), Vol. 3, No. 1/2, 1988
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.
Online publication date: Tue, 26-May-2009
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