Other Investigative Functions

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CHAPTER XI

OTHER INVESTIGATIVE FUNCTIONS

The Antitrust Division plays an administrative and investigative role

in implementing legislation concerning joint ventures and standards

development organizations. In conjunction with the Department of

Commerce, it also has a hand in investigating and evaluating applications

for export trade certificates of review. The Division also has

responsibility for evaluating the impact on competition likely to result

from changes in energy conservation standards proposed by the

Department of Energy.

A. National Cooperative Research and Production Act

1. Purpose and Policy

The National Co operative Res earch and Production Act of 1993

(NCRPA)1 promotes cooperative technological innovation in the United

States by reducing the antitrust risks associated with certain joint venture

and standards development activities.2 Three measures in the act further

1. National Cooperative Research and Production Act, 15 U.S.C. §§ 4301-

4306.

2. The NCRPA’s stated purpose is to “pro mote innovation, facilitate trade,

and strengthen the co mpetitiveness of the Un ited States in world

markets.” S. REP. NO. 103-51, at 1 (1993). Joint ventures are defined

under the NCRPA as any combination of several enumerated research or

production activities engaged in by two or more persons, including the

making and performing of a contract to do those activities, but excluding

market allocation, marketing and distrib ution agreements, a nd exchanges

of price, cost, or similar information among competitors if not reasonably

required to carry out the joint venture. 15 U.S .C. §§ 4301(a)(6), (b)(1)-

(8). A standard development organization (SDO) is defined as a

“domestic or international organization that plans, develops, establishes,

or coordinates volunt ary consensus standa rds using procedur es that

incorporate the attributes of openness, balance of interests, due process,

an appeals process, and consensus in a manner consistent with the Office

of Management and B udget Circular Numbe r A-119, as revised February