In short, NCRPA establishes that in any action under the antitrust laws, or similar state laws, the conduct of a standards development organization will be judged on a basis of its reasonableness in light of all relevant factors affecting competition in the relevant markets.
Notification process compliance To benefit from the expanded reach of NCRPA, associations involved in standards development must comply with two types of notification--given to both the Federal Trade Commission (FTC) and the Department of Justice.
Yet, there has been criticism of the NCRPA for its failure to adequately limit antitrust litigation and prevent potential exposure by private plaintiffs to treble-damage liability.
As discussed earlier, the NCRPA has two major technology policy goals: to increase the number of R&D and production joint ventures entered into by U.
The 1993 House Report on the NCRPA explained how the "costs of developing new technology and bringing it to the marketplace may exceed the resources of any single firm," and how "short product life-cycles" and the need for "rapid response to consumer demands" favor joint ventures.
Three changes in the law--the Daubert trilogy, the NCRPA, and Justice Brandeis' "concentric circle" rule of reason, now aided by California Dental--provide a legal foundation that, with effective advocacy, very well can, as shown next.
In this country, the Computer and Business Equipment Manufacturers Association had been a strong advocate for the passage of the NCRPA legislation.
I therefore analyzed the federal antitrust records of the random sample of member firms that filed under the NCRPA.
21) In addition, by providing a definition of covered joint ventures that is expansive,(22) the NCRPA has significance for the antitrust treatment of cooperation among competitors generally.
28) Six years after the amendment of the NCRA into the NCRPA, it appears that any parties still interested are still waiting.
Corporations from 33 foreign nations participated in joint production ventures that filed NCRPA
is self-executing and does not require any type of governmental approval before or after the formation of the "joint venture.