This chapter, written with Jorge L. Contreras, is included in The Cambridge Handbook of Technical Standardization Law. The authors consider what non-discrimination pledges imply for SDO member conduct. They review the basic variants of such pledges, how they may be informed by broader legal and economic definitions of discrimination, and recent cases and agency guidance interpreting such commitments.
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Anticompetitive conduct and patents listed in the Orange Book
Branded pharmaceutical manufacturers are required by law to list all patents in the Orange Book that cover an approved drug product. However,...