The Antitrust Risks Associated With Manipulating The Standard-Setting Process.

Mondaq Business Briefing, October, 2004

In many technology-related markets, an industry standard will emerge to provide a common framework or format to ensure interoperability among related products and to foster the development of ancillary or peripheral devices. Some standards will develop as a result of open market competition. In other cases, however, standards are created from voluntary consensus or by government prescription.

Both voluntary consensus standards and government prescribed standards can be pro-competitive. They can ensure interoperability, connectivity and product safety. Indeed, many argue that industry standards are essential to the functioning of a modern economy. But they also can arouse significant antitrust concerns. A number of recent cases have considered allegations that...