Standards Development: Are You At Risk?

Amy Marasco, Vice President and General Counsel, American National Standards Institute

10/14/2008
(Original Publish Date: 3/1/2005)

Standards that have market relevance can attract mischief. Though many participants in the voluntary consensus standards development process understand that the specified "game rules" for participation provide for fairness and due process, many are not fully aware of the legal issues that can arise when these rules are not properly followed. "Due process" in itself is not a defense to legal claims, but it is a safeguard that prevents mischief from taking hold and improperly influencing the resulting standard. This article looks at ways in which the antitrust laws and negligence principles can be implicated in relation to standards development activity.