Si2 and other research and development joint ventures fill an important need for semiconductor companies competing in a fast-changing global market.
What are R&D joint ventures and what do you need to know about them?
The National Cooperative Research and Production Act of 1993 (NCRPA) is the fundamental law that defines R&D joint ventures and offers them a large measure of protection from federal antitrust laws. R&D joint ventures are formal agreements between two or more companies engaged in the research and development of technologies. They are proven tools for reducing design and production costs and speeding time-to-market.
The Federal Trade Commission and Department of Justice are the NCRPA watchdogs. They review applications for R&D joint ventures, approve or deny them, and monitor the operations of those approved, including any changes in membership.
Benefits of an R&D joint venture
Protection against legal challenges under Sherman and Clayton Antitrust laws is a significant benefit for members of NCRPA-approved, R&D joint ventures. In fact, no successful lawsuit has ever been filed against an NCRPA-approved R&D joint venture. Why? A “rule of reason” antitrust analysis shelters these protected collaborative activities. Without NCRPA protection, a more general “per se” viewpoint is used, where the behavior itself can be deemed to violate antitrust law. Also, if a violation occurs, the claimant can only receive actual damages, rather than treble damages available without NCRPA protection. This is a powerful deterrent against lawsuits.
Legal protections aside, R&D joint ventures can conduct a wide variety of activities, including:
- perform theoretical analysis, experimentation or testing of basic engineering techniques
- extend investigative findings into practical application for experimental and demonstration purposes
- conduct experiments on models, prototypes and processes
- perform product certification testing
- collect, exchange and analyze research or production information
Those types of activities mark a primary difference between an R&D joint venture and standards development organizations. SDOs can only perform voluntary, consensus standards activities, and though the NCRPA antitrust protection covers the SDO, it does not extend these protections to individual SDO members.
Any collaborative R&D activity done under the auspices and guidance of Si2 receives the same anti-trust protection. Si2 special interest groups, coalitions and working groups focus on solving industry problems, knowing they and their companies have the safety the NCRPA provides.