Question

The National Cooperative Research Act (NCRA) that applies to joint research and development ventures (JRDVs):

A. provides that treble damages may be recovered for losses flowing from a JRDV ultimately found to be in violation of Section 1 of the Sherman Act.

B. requires firms contemplating a JRDV to provide the Department of Justice and the Federal Trade Commission with advance notice of their intent to do so.

C. lacks provisions to allow the parties to a challenged JRDV to recover attorney's fees from an unsuccessful challenger.

D. requires application of a per se rule, rather than a reasonableness standard, when a JRDV's legality is determined.

Answer

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