Standard-Setting Can Be Risky Business

Law360, New York (February 8, 2013, 1:49 PM EST) -- Virtually every industry, from telecommunications to agriculture, has benefited from standard-setting organizations (SSOs), whose collaborative work can advance technology, promote health and safety, and enhance quality and efficiency. From an antitrust perspective, by facilitating comparability and interoperability, SSOs can lessen barriers to entry, increase competition, reduce costs, and thus serve consumer welfare. It's no wonder that courts and antitrust enforcement agencies have recognized SSOs' pro-competitive qualities and the contributions they make to our nation's economy. But on occasion, some SSOs have been accused of having a dark side, and of serving as a vehicle by which corporate members can use leadership positions within the SSO to promote their own interests and harm competitors....

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