USB-IF can't persist in this if they don't want to have an anti-trust suit.
The antitrust exemption would have to be judged as invalid:
4302. Rule of reason standard
In any action under the antitrust laws, or under any State law similar to the antitrust laws, the conduct of--
(1) any person in making or performing a contract to carry out a joint venture, or
(2) a standards development organization while engaged in a standards development ac- tivity,
shall not be deemed illegal per se; such conduct shall be judged on the basis of its reasonable- ness, taking into account all relevant factors af- fecting competition, including, but not limited to, effects on competition in properly defined, relevant research, development, product, proc- ess, and service markets. For the purpose of de- termining a properly defined, relevant market, worldwide capacity shall be considered to the extent that it may be appropriate in the circum-