H.R.423 - Joint Manufacturing Opportunities Act of 1989101st Congress (1989-1990)
|Sponsor:||Rep. Wyden, Ron [D-OR-3] (Introduced 01/03/1989)|
|Committees:||House - Judiciary|
|Latest Action:||House - 04/25/1990 See H.R.4611. (All Actions)|
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Summary: H.R.423 — 101st Congress (1989-1990)All Information (Except Text)
Introduced in House (01/03/1989)
Joint Manufacturing Opportunities Act of 1989 - Declares that the conduct of any individual in making or performing a contract to carry out a flexible manufacturing network shall not be deemed illegal per se under the antitrust laws, but rather shall be judged on its reasonableness considering all relevant factors affecting competition.
Defines "flexible manufacturing network" (FMN) as any group of activities, including attempting to make, making, or performing a contract, carried out by two or more persons for the purpose of: (1) purchasing raw materials, services, or facilities to jointly manufacture and distribute a product; (2) collecting and sharing information on production costs and manufacturing capacity necessary to prepare a bid to sell a product jointly manufactured by such persons, or information applicable to the marketing of such product; or (3) sharing information on manufacturing and distribution capacity for the purpose of jointly manufacturing and distributing such product. Excludes activities not reasonably required to carry out a flexible manufacturing network.
Limits recovery under the Clayton Act to actual damages (for private suits), the total damage sustained (in suits by States), interest calculated at a specified rate, and costs, including a reasonable attorney's fee, if such claim results from conduct that is within the scope of a notification that has been filed under this Act for an FMN and is filed after such notification becomes effective.
Specifies that interest shall be awarded on the damages involved for the period between the date of injury and the date of judgment, unless the court finds that such award is unjust under the circumstances.
Limits recovery under this Act if the challenged conduct of a person defending against a claim is not in violation of any decree or order entered or issued after the effective date of this Act.
Provides for the award of costs and attorney's fees.
Establishes procedures for the filing of a notice with the Attorney General and the Federal Trade Commission of a written agreement to carry out an FMN disclosing: (1) the identities of the parties; and (2) the nature and objectives of such FMN. Exempts specified information from disclosure. Provides for: (1) publication of such notice in the Federal Register; (2) withdrawal of notice; and (3) judicial review of any action by the Attorney General or the Commission with respect to notification filed under this Act.
Restricts the admissibility of information disclosed or published under this Act.