Title
ABSTRACT: WHAT IS CONGRESS UP TO? WATCH OUT FOR H.R. BILL 1086
Author
Andrew Updegrove
Date
1/01/2005
(Original Publish Date: 2003)
(Original Publish Date: 2003)
Abstract
The National Cooperative Research and Production Act (NCRPA) provides an important level of immunity from the economic impact of antitrust sanctions, but it is uncertain which, if any, standard setting activities undertaken by consortia and SDOs are currently entitled to that immunity. A new bill under review in Congress (H.R. Bill 1086) would explicitly extend the protection of the NCRPA to standard setting, but only to SDOs and those few consortia, if any, that operate in a manner functionally equivalent to SDOs. The restrictive approach of H.R. 1086 in its current form represents a retreat from existing law as reflected in OMB Circular A-119 and would needlessly deprive those consortia which develop important standards from the protection which H.R. 1086 seeks to extend. This represents an unwise and inappropriate use of government power. [For the complete text of H.R. 1086, please see: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_ cong_bills&docid=f:h1086ih.txt.pdf]