US (United States) Code. Title 15. Chapter 61: Soft drink interbrand competition

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Commerce and trade

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  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 4 páginas
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15 USC CHAPTER 61 - SOFT DRINK INTERBRAND COMPETITION 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 61 - SOFT DRINK INTERBRAND COMPETITION

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CHAPTER 61 - SOFT DRINK INTERBRAND COMPETITION

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Sec.

3501. Exclusive territorial licenses to manufacture, distribute,

and sell trademarked soft drink products; ultimate resale to

consumers; substantial and effective competition.

3502. Price fixing agreements, horizontal restraints of trade, or

group boycotts.

3503. ''Antitrust law'' defined.

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15 USC Sec. 3501 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 61 - SOFT DRINK INTERBRAND COMPETITION

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Sec. 3501. Exclusive territorial licenses to manufacture,

distribute, and sell trademarked soft drink products; ultimate

resale to consumers; substantial and effective competition

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Nothing contained in any antitrust law shall render unlawful the

inclusion and enforcement in any trademark licensing contract or

agreement, pursuant to which the licensee engages in the

manufacture (including manufacture by a sublicensee, agent, or

subcontractor), distribution, and sale of a trademarked soft drink

product, of provisions granting the licensee the sole and exclusive

right to manufacture, distribute, and sell such product in a

defined geographic area or limiting the licensee, directly or

indirectly, to the manufacture, distribution, and sale of such

product only for ultimate resale to consumers within a defined

geographic area: Provided, That such product is in substantial and

effective competition with other products of the same general class

in the relevant market or markets.

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(Pub. L. 96-308, Sec. 2, July 9, 1980, 94 Stat. 939.)

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SHORT TITLE

Section 1 of Pub. L. 96-308 provided that: ''This Act (enacting

this chapter) may be cited as the 'Soft Drink Interbrand

Competition Act'.''

SUSPENSION OF STATUTE OF LIMITATIONS ON INSTITUTION OF ANTITRUST

PROCEEDINGS BY UNITED STATES; ENFORCEMENT OF TRADEMARK LICENSING

AGREEMENT PROVISIONS CONCERNING SOFT DRINK PRODUCTS

Section 4 of Pub. L. 96-308 provided that: ''In the case of any

proceeding instituted by the United States described in subsection

(i) of section 5 of the Clayton Act (relating to suspension of the

statute of limitations on the institution of proceedings by the

United States) (15 U.S.C. 16(i)) which is pending on the date of

the enactment of this Act (July 9, 1980), that subsection shall not

apply with respect to any right of action referred to in that

subsection based in whole or in part on any matter complained of in

that proceeding consisting of the existence or enforcement of any

provision described in section 2 of this Act (this section) in any

trademark licensing contract or agreement described in that

section.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3502 of this title.

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15 USC Sec. 3502 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 61 - SOFT DRINK INTERBRAND COMPETITION

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Sec. 3502. Price fixing agreements, horizontal restraints of trade,

or group boycotts

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Nothing in this chapter shall be construed to legalize the

enforcement of provisions described in section 3501 of this title

in trademark licensing contracts or agreements described in that

section by means of price fixing agreements, horizontal restraints

of trade, or group boycotts, if such agreements, restraints, or

boycotts would otherwise be unlawful.

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(Pub. L. 96-308, Sec. 3, July 9, 1980, 94 Stat. 939.)

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15 USC Sec. 3503 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 61 - SOFT DRINK INTERBRAND COMPETITION

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Sec. 3503. ''Antitrust law'' defined

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As used in this chapter, the term ''antitrust law'' means the

Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et

seq.), and the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

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(Pub. L. 96-308, Sec. 5, July 9, 1980, 94 Stat. 939.)

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REFERENCES IN TEXT

The Sherman Act (15 U.S.C. 1 et seq.), referred to in text, is

act July 2, 1890, ch. 647, 26 Stat. 209, as amended, which is

classified to sections 1 to 7 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1 of this title and Tables.

The Clayton Act (15 U.S.C. 12 et. seq.), referred to in text, is

act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, which is

classified generally to sections 12, 13, 14 to 19, 20, 21, and 22

to 27 of this title, and sections 52 and 53 of Title 29, Labor. For

further details and complete classification of this Act to the

Code, see References in Text note set out under section 12 of this

title and Tables.

The Federal Trade Commission Act (15 U.S.C. 41 et seq.), referred

to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as

amended, which is classified generally to subchapter I (Sec. 41 et

seq.) of chapter 2 of this title. For complete classification of

this Act to the Code, see section 58 of this title and Tables.

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