§ 4305. Disclosure of joint venture
(a)
Written notifications; filing
(1)
Any party to a joint venture, acting on such venture’s behalf, may, not later than 90 days after entering into a written agreement to form such venture or not later than 90 days after October 11, 1984, whichever is later, file simultaneously with the Attorney General and the Commission a written notification disclosing—
(C)
if a purpose of such venture is the production of a product, process, or service, as referred to in section
4301
(a)(6)(D) of this title, the identity and nationality of any person who is a party to such venture, or who controls any party to such venture whether separately or with one or more other persons acting as a group for the purpose of controlling such party.
Any party to such venture, acting on such venture’s behalf, may file additional disclosure notifications pursuant to this section as are appropriate to extend the protections of section
4303 of this title. In order to maintain the protections of section
4303 of this title, such venture shall, not later than 90 days after a change in its membership, file simultaneously with the Attorney General and the Commission a written notification disclosing such change.
(2)
A standards development organization may, not later than 90 days after commencing a standards development activity engaged in for the purpose of developing or promulgating a [1] voluntary consensus standards or not later than 90 days after June 22, 2004, whichever is later, file simultaneously with the Attorney General and the Commission, a written notification disclosing—
Any standards development organization may file additional disclosure notifications pursuant to this section as are appropriate to extend the protections of section
4303 of this title to standards development activities that are not covered by the initial filing or that have changed significantly since the initial filing.
(b)
Publication; Federal Register; notice
Except as provided in subsection (e) of this section, not later than 30 days after receiving a notification filed under subsection (a) of this section, the Attorney General or the Commission shall publish in the Federal Register a notice with respect to such venture that identifies the parties to such venture and that describes in general terms the area of planned activity of such venture, or a notice with respect to such standards development activity that identifies the standards development organization engaged in such activity and that describes such activity in general terms. Prior to its publication, the contents of such notice shall be made available to the parties to such venture or available to such organization, as the case may be.
(c)
Effect of notice
If with respect to a notification filed under subsection (a) of this section, notice is published in the Federal Register, then such notification shall operate to convey the protections of section
4303 of this title as of the earlier of—
(d)
Exemption; disclosure; information
Except with respect to the information published pursuant to subsection (b) of this section—
(1)
all information and documentary material submitted as part of a notification filed pursuant to this section, and
(2)
all other information obtained by the Attorney General or the Commission in the course of any investigation, administrative proceeding, or case, with respect to a potential violation of the antitrust laws by the joint venture, or the standards development activity, with respect to which such notification was filed,
(e)
Withdrawal of notification
Any person or standards development organization that files a notification pursuant to this section may withdraw such notification before notice of the joint venture involved is published under subsection (b) of this section. Any notification so withdrawn shall not be subject to subsection (b) of this section and shall not confer the protections of section
4303 of this title on any person or any standards development organization with respect to whom such notification was filed.
(f)
Judicial review; inapplicable with respect to notifications
Any action taken or not taken by the Attorney General or the Commission with respect to notifications filed pursuant to this section shall not be subject to judicial review.
(g)
Admissibility into evidence; disclosure of conduct; publication of notice; supporting or answering claims under antitrust laws
(1)
Except as provided in paragraph (2), for the sole purpose of establishing that a person or standards development organization is entitled to the protections of section
4303 of this title, the fact of disclosure of conduct under subsection (a) of this section and the fact of publication of a notice under subsection (b) of this section shall be admissible into evidence in any judicial or administrative proceeding.
[1] So in original.