Prima facie case if industry comes together to block competition. The U.S. Supreme Court just made a powerful argument that standards bodies should be open and multistakeholder. They definitely can be sued. Over 15 years reporting on telecom standards, I've seen innumerable efforts in standards to favor some companies and exclude others. In one case, I believe a company forced out of business had a very strong case that could have resulted in nine figure damages. (Metalink) As the company ran out of funds, they decided they couldn't afford the legal fees on what would have been a long drawn out case.
The "smoking gun" memo, signed by 11 international telcos, made clear to anyone with common sense they were trying to use LTE-U/LAA to hobble completion and free WiFi offloading. China Mobile, China Telecom, AT&T, CHTTL, KT, China Unicom, T-Mobile USA, Sprint, Telefonica, France Telecom/Orange and Telecom Italia in their candor invited an antitrust prosecution. There are enough wealthy companies interested in Wi-Fi legal fees should be easy to raise.
The smart move for ATIS and 3GPP is to open their groups to public participation.Add a comment