RE: [PP-DIALOG] fostering competition
I understand (and share) the desire for the exchange of useful
information that implementers can rely on in making a decision as to
whether to implement a standard. I also generally agree with the
principle that more information is usually better than less.
However, I also agree with the many participants in this dialog who
worry that making such information available to standards participants
has the potential to lead those participants into anticompetitive
conduct. Although some may dismiss this risk, it seems to be very real,
and creates potential exposure for IEEE as well as the individual
participants in standards-setting activities.
I am confident that with the guidance of its very capable counsel, IEEE
will take steps to help ensure that if any mischief occurs, it does not
occur on IEEE's watch. Other counsel (such as you and me and many
others) for individual participants also will have additional work to do
to try to ensure that our clients do not engage in anticompetitive
conduct.
Unless I am missing something, I don't believe the proposal for
additional voluntary disclosure will reduce competition. Intel can
support the proposal, as long as IEEE implements policies and procedural
safeguards to help eliminate (or at least reduce) the possibility that
individual participants will engage in improper conduct with the
information. However, I do believe that IEEE and all members need to
understand the additional risks, burdens and overhead of receiving this
additional information, and be prepared to bear them.
I share your hope that the benefits of additional information will
offset the risks. But the PatCom might also consider whether these
reforms should apply to all IEEE working groups, or whether it is only
in certain working groups or types of technologies that the benefits of
these reforms will outweigh the burdens and costs.
-Mike
-----Original Message-----
From: Peterson, Scott K (HP Legal) [mailto:scott.k.peterson@HP.COM]
Sent: Wednesday, March 22, 2006 2:21 PM
To: PP-DIALOG@listserv.ieee.org
Subject: [PP-DIALOG] fostering competition
It has been suggested that the proposed policy changes would reduce
competition. We heartily disagree.
The policy changes foster information flow. Information flow improves
the efficiency of markets. This is more likely to increase competition
than to reduce it.
Increased transparency does not impact all businesses identically. Those
that more effectively exploit market imperfections may find less
advantage in a more transparent marketplace. That lessened advantage
should not be confused with a decrease in competition. Quite the
contrary.
______________________________
Scott K. Peterson
Senior Counsel
Hewlett-Packard Company
165 Dascomb Road
Andover, MA 01810