Pub. L. 108-237, tit. I, sec. 105
LIMITATION ON RECOVERY.
SEC. 105. LIMITATION ON RECOVERY. Section 4 of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4303) is amended—118 STAT. 664(1) in subsections (a)(1), (b)(1), and (c)(1) by inserting “, or for a standards development activity engaged in by a standards development organization against which such claim is made” after “joint venture”, (2) in subsection (e)—(A) by inserting “, or of a standards development activity engaged in by a standards development organization” before the period at the end, and(B) by redesignating such subsection as subsection (f), and(3) by inserting after subsection (d) the following:“(e) Subsections (a), (b), and (c) shall not be construed to modify the liability under the antitrust laws of any person (other than a standards development organization) who—“(1) directly (or through an employee or agent) participates in a standards development activity with respect to which a violation of any of the antitrust laws is found,“(2) is not a fulltime employee of the standards development organization that engaged in such activity, and“(3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with respect to which such violation is found.”.