The National Cooperative Research and Production Act of 1993, 15 U.S.C. §§ 4301-06, exempts certain joint research, development and production activities from the per se rule of antitrust liability, and from the automatic award of attorneys’ fees to a plaintiff who successfully challenges such activities under the antitrust laws. For parties that notify the antitrust agencies of their intent to engage in such activities, it also requires “detrebling” – successful antitrust plaintiffs are entitled only to single damages. Do you support this legislation? Why or why not? Would you support extending these same protections to all competitive conduct that is subject to the US antitrust laws? Which categories of conduct would you include or exclude from such protection? Explain your reasoning.

The National Cooperative Research and Production Act of 1993, 15 U.S.C. §§ 4301-06, exempts certain joint research, development and production activities from the per se rule of antitrust liability, and from the automatic award of attorneys’ fees to a plaintiff who successfully challenges such activities under the antitrust laws. For parties that notify the antitrust agencies of their intent to engage in such activities, it also requires “detrebling” – successful antitrust plaintiffs are entitled only to single damages. Do you support this legislation? Why or why not? Would you support extending these same protections to all competitive conduct that is subject to the US antitrust laws? Which categories of conduct would you include or exclude from such protection? Explain your reasoning.

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