National Cooperative Production Amendments of 1993 - Amends the National Cooperative Research Act of 1984 to apply such Act to joint ventures for the production of a product, process, or service and the testing in connection with such production.
Revises the Act to exclude from the definition of "joint venture" activities where two or more persons enter into an agreement or engage in any other conduct restricting, requiring, or otherwise involving the marketing, distribution, or provision by any person who is a party to such venture of any product, process, or service other than: (1) the distribution among the parties to such venture of a product, process, or service produced by the venture; (2) the marketing of proprietary information developed through the venture formed under a written agreement entered into before the date of this Act's enactment; or (3) the licensing, conveying, or transferring of intellectual property developed through such venture formed under a written agreement entered into on or after such date.
Excludes from such definition the following activities: (1) entering into any agreement or engaging in any other conduct allocating a market with a competitor; (2) exchanging among competitors information relating to production (other than production by such venture) of a product, process, or service if such information is not reasonably required to carry out the purpose of such venture; (3) entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the production of a product, process, or service (other than the production by such venture); (4) using existing facilities for the production of a product, process, or service by such venture unless such use involves the production of a new product or technology; and (5) entering into any agreement or engaging in any other conduct to restrict or require participation by any party to such venture in any unilateral or joint activity that is not reasonably required to carry out the purpose of such venture, with exceptions.
Modifies the "rule of reason" standard to provide that, in any action under Federal antitrust law or similar State law, the conduct of any person in making or performing a contract to carry out a joint venture shall not be deemed illegal per se, but shall be judged based on its reasonableness, taking into account all relevant factors affecting competition, including effects on competition in properly defined, relevant research, development, product, process, and service markets.
Specifies that: (1) for the purpose of determining a properly defined, relevant market, worldwide capacity shall be considered if appropriate in the circumstances; and (2) if a purpose of a joint venture is the production of a product, process, or service, a party to such venture may file a written notification of the identity and nationality of any party to such venture or of the controlling entity.
Makes protections of the Act inapplicable with respect to a joint venture's production of a product, process, or service, unless: (1) the principal facilities for such production 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 U.S. person or a foreign person from a country whose law accords antitrust treatment no less favorable to U.S. persons than to such country's domestic persons with respect to participation in joint ventures for production.
Sets forth reporting requirements regarding joint ventures and U.S. competitiveness.
Placed on the Union Calendar, Calendar No. 49.
Mr. Brooks moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H2508-2512)
DEBATE - The House proceeded with forty minutes of debate.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and read twice and referred to the Committee on Judiciary.
Senate Committee on Judiciary discharged by Unanimous Consent.
Senate Committee on Judiciary discharged by Unanimous Consent.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 74.
Message on Senate action sent to the House.
Enacted as Public Law 103-42
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Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.(consideration: CR S6887)
Passed Senate without amendment by Voice Vote. (consideration: CR S6887)
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 103-42.
Became Public Law No: 103-42.