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At intervals, the Federal Trade Commission (FTC) and Department of Justice (DoJ) have undertaken public initiatives intended to support the standards development process from the antitrust perspective. Well, they're at it again.
Whenever the regulators have done this in the past, I've found them to be open minded and genuinely interested in understanding the marketplace. Often, the goal of their information gathering efforts is to later issue guidelines that encourage good behavior, and make clear what they consider to be over the line. The result is that it makes it easier and safer for stakeholders to participate actively in the standard setting process. Regulators in the European Union follow the same practice.
Last week, the FTC announced a new standards development process fact-finding effort, this time announcing a workshop intended to help them better understand whether "patent holdup" is causing a problem in the marketplace. It's open to the public, and you're free to submit written comments as well.
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