Standards Development Organization Act of 2004

Tags:

Mission:

Competition

Rule/Law:

codified to 15 U.S.C. §§ 4301-4306

This Act amends provisions of the National Cooperative Research and Production Act of 1993 to extend the same antitrust protections to standards development organizations (SDOs) while those organizations are engaged in standards development activity. The Act provides that the antitrust rule of reason applies to SDOs while they are engaged in standards development activities. The Act also gives SDOs the opportunity to limit their antitrust liability for standards development activities to actual, as opposed to treble, damages and provides special rules for attorneys' fees in any antitrust case challenging a SDO's standards development activity. SDOs must file a proper notification with the FTC and the DOJ to obtain the liability-limiting protections provided by the Act.