Antitrust
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Antitrust |
ITI counsel developed the JTC 1 TAG Antitrust Guidelines for the protection of JTC 1 TAG and JTC 1 TAG Subgroup members on antitrust issues. JTC 1 TAG and JTC 1 TAG Subgroup members must follow the JTC 1 TAG Antitrust Guidelines.
Anticipate Risks
JTC 1 TAG and JTC 1 TAG subgroup meetings must be conducted in a manner that avoids the appearance of conduct which might violate the antitrust laws. The harsh criminal penalties in the antitrust laws, for individuals as well as organizations, the high costs of defending antitrust suits, the diversion of resources from our important missions, and the risk of liability together mandate an understanding of, and respect for, the antitrust laws by the JTC 1 TAG and its members. Our objective is to create a climate where antitrust risks are both anticipated and avoided.
Consult Counsel
Legal counsel should be consulted prior to any discussion of actions which the staff or the JTC 1 TAG believes could raise antitrust issues, or which seem in any way to be questionable or out of the ordinary. It is counsel's job to advise the JTC 1 TAG on any matters that have legal significance. It is always better to ask.
Notice and Agenda
Each JTC 1 TAG or JTC 1 TAG subgroup meeting must be preceded by a notice to the members of the committee with a draft agenda. As required by JTC 1 TAG procedures, the agenda must be approved at the beginning of the meeting and followed.
Conduct of Meetings
JTC 1 TAG policy requires the full-time attendance of a member of the JTC 1 TAG Administrator's staff at every meeting sponsored by the JTC 1 TAG, except where otherwise approved. All participants should be afforded an opportunity to present their views. Acting on behalf of the JTC 1 TAG, the JTC 1 TAG Administrator's staff or a JTC 1 TAG officer or subgroup officer have the responsibility to terminate any discussion, seek counsel's advice or, if necessary, terminate any meeting if the discussion might be construed to raise questions under JTC 1 TAG antitrust guidelines.
Minutes of Meetings
After each JTC 1 TAG or JTC 1 TAG subgroup meeting, concise minutes must be prepared that accurately describe the actions taken, the justification for those actions, and where appropriate, additional pertinent discussion. These minutes must be prepared by a member of the JTC 1 TAG Administrator's staff or someone designated by a JTC 1 TAG officer to prepare the minutes. When prepared by someone other than a member of the JTC 1 TAG Administrator's staff, the draft minutes shall be reviewed by the JTC 1 TAG Administrator's staff prior to distribution to the committee.
Sensitive Topics
With rare exceptions that should be made only upon the advice of JTC 1 TAG counsel, there should never be discussion of the following topics at any JTC 1 TAG or JTC 1 TAG subgroup meeting:
Standards
In JTC 1 TAG sponsored committees related to standards, all relevant opinions should be considered and a sound technical basis for the JTC 1 TAG position should be articulated. When participating in other standard-setting bodies on behalf of the JTC 1 TAG, JTC 1 TAG representatives should be guided by both the letter and the spirit of the established procedures, which are designed to ensure that the process is open to all interested parties and standards are based on objective technical factors. JTC 1 TAG members should voluntarily disclose any proprietary interest they may have in proposed standard in order to reduce the risk of antitrust liability.
Educational Presentations
Sharing non-proprietary information among competitors is generally lawful. Discussion should be limited to objectives, which promote overall consumer welfare. Exchanging proprietary information may not be appropriate, if the purpose or effect of the exchange is to lead to diminished competition in the marketplace.