Antitrust Issues in Standard Setting

Hill B. Wellford, Counsel to the Assistant Attorney General Antitrust Division U.S. Department of Justice

4/11/2008
(Original Publish Date: 3/29/2007)

This paper focuses on the way in which the U.S. Department of Justice (DOJ) Antitrust Division applies antitrust law to “ex ante” patent policies within standards development organizations (SDOs). Such policies permit licensing and disclosure of intellectual property before a standard is set, so that SDO members may consider patent licensing costs. As many of you know, the Department of Justice issued a business review letter on this topic to the VITA organization in October 2006 and currently is considering a different ex ante proposal by the IEEE.