Taking aim at standard-setting organizations for potentially anti-competitive behavior, Assistant Attorney General Makan Delrahim delivered unprecedented remarks in Los Angeles on Nov. 10, 2017. Member-driven SSOs, such as the European Telecommunications Standards Institute, the International Telecommunication Union, the Telecommunications Industry Association and the Institute of Electrical and Electronics Engineers have traditionally steered clear of antitrust focus despite their inevitable tendency for concerted action. Yet the new SSO-centric scrutiny espoused by AAG Delrahim, the lead attorney for the U.S. Department of Justice’s Antitrust Division, may cause SSOs to consider enacting heightened transparency measures to avoid the risk of liability.
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