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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Assessing umbrella pricing incentives
When collusive agreements involve a subset of firms in an industry, they may create the incentive and ability for firms that are not participants in the cartel...