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Department of Justice Requires Additional Documentation from SDOs Filing Under HR 1086

September 20, 2004 Filing Deadline Approaches

Washington, DC, Sep 09, 2004

In a follow-up to a communication issued to ANSI-Accredited Standards Developers on August 30, 2004, members of the standardization community are being notified of an additional document that is required by the U.S. Department of Justice for all filings under HR 1086, The Standards Developing Organizations Advancement Act of 2004. The Act provides a degree of shelter for certain standards developers from the treble damages liability in current antitrust laws.

An SDO is not required to make a filing under the act. However, Section 107 of HR 1086 indicates that an SDO that does wish to file and obtain the law’s protection must do so:

  • within 90 days of commencing a standards development activity, or
  • to cover existing standards activity, within 90 days of the passage of the Act.

As the Act was approved on June 22 2004, the 90-day deadline is September 20, 2004.

Qualified organization that wishes to file with the Department of Justice and with the FTC simultaneously require a “written notification disclosing (A) the name and principal place of business of the standards developing organization, and (B) documents showing the nature and scope of such activity.”

In addition, the Department of Justice also requires submission of a draft notice for publication in the Federal Register. The draft notice must be formatted as shown in the DoJ online example.

Since the Act was signed into law by President George W. Bush on June 22, 2004, a number of ANSI-accredited standards development bodies have contacted the Institute with questions about the law and its implementation. A summary of the most "Frequently Asked Questions" and their answers has been developed and circulated on to ANSI-accredited standards developers for information and review. The paper is intended to provide background information and general guidance on this recently enacted legislation. As appropriate, excerpts from the law itself are cited.

NOTE: The ANSI FAQ document is not intended as legal advice and should not be viewed as such. This document shall not be viewed as an alternative to seeking legal counsel regarding the individual circumstances of each organization’s operations, standards-setting activities, and overall antitrust exposure. These comments are also not intended to provide a definitive answer as to whether filing under the provisions of HR 1086 is appropriate, necessary or prudent for any particular organization.

 Homeland Defense and Security Standardization Collaborative