42 USC 247d-7f - Collaboration and coordination

U.S Code last checked for updates: May 06, 2024

§ 247d–7f.

Collaboration and coordination

(a)

Limited antitrust exemption

(1)

Meetings and consultations to discuss security countermeasures, qualified countermeasures, or qualified pandemic or epidemic product development

(A)

Authority to conduct meetings and consultations

(B)

Meeting and consultation conditions

A meeting or consultation conducted under subparagraph (A) shall—

(i)

be chaired or, in the case of a consultation, facilitated by the Secretary;

(ii)

be open to persons involved in the development, manufacture, distribution, purchase, or storage of a countermeasure or product, as determined by the Secretary;

(iii)

be open to the Attorney General, the Secretary of Homeland Security, and the Chairman;

(iv)

be limited to discussions involving covered activities; and

(v)

be conducted in such manner as to ensure that no national security, confidential commercial, or proprietary information is disclosed outside the meeting or consultation.

(C)

Limitation

(D)

Transcript

(E)

Exemption

(i)

In general

(ii)

Limitation

(2)

Submission of written agreements

The Secretary shall submit each written agreement regarding covered activities that is made pursuant to meetings or consultations conducted under paragraph (1) to the Attorney General and the Chairman for consideration. In addition to the proposed agreement itself, any submission shall include—

(A)

an explanation of the intended purpose of the agreement;

(B)

a specific statement of the substance of the agreement;

(C)

a description of the methods that will be utilized to achieve the objectives of the agreement;

(D)

an explanation of the necessity for a cooperative effort among the particular participating persons to achieve the objectives of the agreement; and

(E)

any other relevant information determined necessary by the Attorney General, in consultation with the Chairman and the Secretary.

(3)

Exemption for conduct under approved agreement

(4)

Action on written agreements

(A)

In general

(B)

Extension

(C)

Determination

(5)

Limitation on and renewal of exemptions

(6)

Authority to obtain information

(7)

Limitation on parties

(8)

Report

(b)

Sunset

(c)

Definitions

In this section:

(1)

Antitrust laws

The term “antitrust laws”—

(A)

has the meaning given such term in subsection (a) of section 12 of title 15, except that such term includes section 45 of title 15 to the extent such section 45 of title 15 applies to unfair methods of competition; and

(B)

includes any State law similar to the laws referred to in subparagraph (A).

(2)

Countermeasure or product

(3)

Covered activities

(A)

In general

(B)

Exception

The term “covered activities” shall not include, with respect to a meeting or consultation conducted under subsection (a)(1) or an agreement for which an exemption has been granted under subsection (a)(4), the following activities involving 2 or more persons:

(i)

Exchanging information among competitors relating to costs, profitability, or distribution of any product, process, or service if such information is not reasonably necessary to carry out covered activities—

(I)

with respect to a countermeasure or product regarding which such meeting or consultation is being conducted; or

(II)

that are described in the agreement as exempted.

(ii)

Entering into any agreement or engaging in any other conduct—

(I)

to restrict or require the sale, licensing, or sharing of inventions, developments, products, processes, or services not developed through, produced by, or distributed or sold through such covered activities; or

(II)

to restrict or require participation, by any person participating in such covered activities, in other research and development activities, except as reasonably necessary to prevent the misappropriation of proprietary information contributed by any person participating in such covered activities or of the results of such covered activities.

(iii)

Entering into any agreement or engaging in any other conduct allocating a market with a competitor that is not expressly exempted from the antitrust laws under subsection (a)(4).

(iv)

Exchanging information among competitors relating to production (other than production by such covered activities) of a product, process, or service if such information is not reasonably necessary to carry out such covered activities.

(v)

Entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the production of a product, process, or service that is not expressly exempted from the antitrust laws under subsection (a)(4).

(vi)

Except as otherwise provided in this subsection, entering into any agreement or engaging in any other conduct to restrict or require participation by any person participating in such covered activities, in any unilateral or joint activity that is not reasonably necessary to carry out such covered activities.

(vii)

Entering into any agreement or engaging in any other conduct restricting or setting the price at which a countermeasure or product is offered for sale, whether by bid or otherwise.

(July 1, 1944, ch. 373, title III, § 319L–1, as added Pub. L. 116–22, title VII, § 701(e)(1)(C), (D), June 24, 2019, 133 Stat. 961; amended Pub. L. 118–22, div. B, title II, § 203(c), Nov. 17, 2023, 137 Stat. 120; Pub. L. 118–35, div. B, title I, § 103(c), Jan. 19, 2024, 138 Stat. 5; Pub. L. 118–42, div. G, title I, § 103(c), Mar. 9, 2024, 138 Stat. 398.)

cite as: 42 USC 247d-7f