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Antitrust Division Speech On Standard Setting

Client Alert | 1 min read | 03.30.07

On March 29, 2007, Hill B. Wellford, Counsel to the Assistant Attorney General of DOJ’s Antitrust Division, gave a speech called “Antitrust Issues in Standard Setting” before the China Electronics Standardization Institute in Beijing, China. Mr. Wellford discussed DOJ’s policy in applying antitrust law to “ex ante” patent policies within standards development organizations (“SDOs”). He advocated several general principles, such as the emphasis on efficiency when analyzing SDO conduct, and that market competition among SDOs could be an effective way to evaluate SDO policies. Mr. Wellford also discussed the recent business reviews submitted by the VMEbus International Trade Association (“VITA”) and the Institute of Electrical and Electronics Engineers, Inc. (“IEEE”), which he described as “the cutting edge of the debate over ex ante patent policies.”

For more information, please visit: http://www.usdoj.gov/atr/public/speeches/222236.htm

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Client Alert | 4 min read | 09.15.26

GAO Indicates Reasonable Conflict of Interest Investigation Must Include Inquiry of Involved Firm

The U.S. Government Accountability Office’s (GAO) recent decision in Viderity Inc.—Costs, B-424422.5, Sept. 1, 2026, offers useful insight into what constitutes a legally sufficient conflict of interest investigation. The decision arose in an unusual procedural posture: Viderity initially protested, alleging that an agency evaluator had a personal conflict of interest. After the agency took corrective action, Viderity filed a cost entitlement claim requesting that GAO direct the agency to reimburse Viderity’s protest costs. In evaluating that claim, GAO assessed whether Viderity’s underlying protest ground was “clearly meritorious.”...