A The Source of Standards 3
1 Governmental Standards 4
2 Private Collaborative Standards 4
3 Unilateral or "Marketplace" Standards 6
B Types of Standards 6
1 Quality Standards 7
2 Informational Standards 8
3 Uniformity Standards 9
4 Interoperability Standards 10
5 Professional Conduct and Certification Standards 11
C Standards and Network Effects 12
D Overview of Antitrust Concerns 14
1 Cooperative Standards Setting and Antitrust Prohibitions Against Unreasonable Concerted Action 15
2 Unilateral Standards Setting and Antitrust Constraints on Monopolization 17
3 Government Imposed Standards 19
4 Remedies 21
Chapter II Cooperative Standards Setting 23
A Threshold Requirements for an Antitrust Challenge to Collaborative Standards Setting 25
1 Causation and Antitrust Injury 26
2 An Agreement in Restraint of Trade 28
B Standards Setting under the Per Se Rule 30
1 Naked Restraints 32
2 Erosion of the Per Se Rule as Applied to Standards Setting 34
C Standards Setting under the Rule of Reason 39
1 Modes of Analysis 40
a The Quick Look 41
b Market Analysis 44
2 Theories of Anticompetitive Effects 47
a Composition of the Standard-Setting Body 47
b Selection and Enforcement of the Standards 52
c Corruption of the Standard-Setting Process 56
(1) Vote Stacking and Other Irregular Procedures 57
(2) "Patent Ambush" Claims 60
d Restrictions on Access to the Standards 65
e Standards Affecting Incentives to Compete 68
(1) Information Sharing 68
(2) Monopsony and Buyers Cartels 71
(3) Patent Pooling 73
(4) Patent Grant-Backs 75
3 Procompetitive Effects and Balancing 77
Chapter III Unilateral Conduct Relating to Standards 81
A Vertical Foreclosure to Establish or Maintain a Standard 83