Page:United States Statutes at Large Volume 120.djvu/2909

 120 STAT. 2878

PUBLIC LAW 109–417—DEC. 19, 2006 Trade Commission Act (15 U.S.C. 45) to the extent such section 5 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.—The term ‘‘countermeasure or product’’ refers to a security countermeasure, qualified countermeasure, or qualified pandemic or epidemic product (as those terms are defined in subsection (a)(1)). (3) COVERED ACTIVITIES.— (A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘‘covered activities’’ includes any activity relating to the development, manufacture, distribution, purchase, or storage of a countermeasure or product. (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

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