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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 | 2 min read | 07.15.26

CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations

As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights....

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