FR 2025-01700

The document in question is a formal notice involving the Defense Electronics Consortium (DEC) and its compliance with the National Cooperative Research and Production Act of 1993. This consortium has recently updated its membership by including Menlo Microsystems, Inc., and has communicated this change to the appropriate authorities.

Summary of the Document

This notice, published in the Federal Register, highlights a key change in the membership of the Defense Electronics Consortium. On October 11, 2024, DEC reported this change to both the Attorney General and the Federal Trade Commission. Importantly, Menlo Microsystems, Inc., based in Irvine, California, has joined the consortium. This action is part of DEC's compliance with the National Cooperative Research and Production Act of 1993, which is significant because it limits the recovery of antitrust plaintiffs to actual damages under certain conditions.

Significant Issues and Concerns

Several notable issues arise from this document. Firstly, the document references the National Cooperative Research and Production Act of 1993 but does not explain its purpose or implications, potentially leaving those unfamiliar with the Act unclear about its significance. Furthermore, while it mentions limiting recovery to actual damages, it fails to specify the exact circumstances under which this limitation might apply, which could be confusing to readers. Additionally, the document's use of legal references, such as specific sections of the Act, may assume a level of legal expertise that the average reader might not possess, making it somewhat inaccessible.

Impact on the Public

Broadly speaking, such notices ensure transparency in how cooperative research ventures like the DEC operate and evolve. By publicly disclosing membership changes, the consortium demonstrates compliance with legal frameworks designed to promote fair competition while facilitating cooperative innovation. This transparency helps maintain public trust in collaborative efforts that involve significant economic and technological development.

Impact on Stakeholders

For stakeholders directly involved, particularly companies within the DEC, this notice underscores a regulated environment in which they operate. The inclusion of Menlo Microsystems might bring new perspectives, technology, and expertise to the consortium, potentially benefiting ongoing or future research and development projects. However, participating companies must navigate the legal landscape of cooperation to maintain compliance and benefit from the protection offered against excessive antitrust claims.

Conversely, for competitors outside the consortium, such regulatory frameworks could be perceived as creating barriers to entering collaborative ventures that possess protective advantages. Nevertheless, the open membership nature of the DEC suggests possibilities for broader participation, assuming compliance with relevant legal protocols.

In summary, while the notice serves its purpose of legal transparency and updates relevant authorities on consortium changes, it could benefit from clearer explanations to better inform a general audience about the underlying legal context and its broader implications.