[M4IF Discuss] FYI: Law would limit antitrust liability of standards groups

[William J. Fulco]

Law would limit antitrust liability of standards groups
By George Leopold, EE Times
May 24, 2024 (2:45 PM)
URL: http://www.eetimes.com/story/OEG20020524S0094
WASHINGTON - Key members of the U.S. House of Representatives proposed
legislation Friday (May 24) that would amend the antitrust provisions of the
National Cooperative Research Act (NCRA) to limit the liability of standards
organizations.
The law provides that if certain joint ventures notify antitrust enforcers
of their activities, their liability in antitrust litigation is limited to
single damages.
The legislation extending NCRA protections to standards groups was
introduced by ranking members of the House Judiciary and House Science
committees. They said the proposed amendment provides that standards groups
would no longer be subject to private "treble damage" lawsuits as long as
they made their deliberations transparent to antitrust agencies.
"This legislation will enhance U.S. competitiveness in world markets while
providing open communication with the Justice Department so they can
vigorously enforce our antitrust laws," said Rep. James Sensenbrenner,
R-Wis., chairman of the House Judiciary Committee.
Sensenbrenner said the proposal has bipartisan support in the House.
Joint-venture partners are currently required to file notices with the
Federal Trade Commission (FTC) and the Department of Justice when
collaborating on research in order to be covered under NCRA.
A former FTC official said the proposal may have little impact on current
procedures. "I'm not particularly sure that an NCRA notification scheme will
have that much of an impact on the activities of standard setting
[organizations]," he said.
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