[gnso-consumercci-dt] FW: New Issue - CCCI Metrics Pricing as a function of Competition

["Berry Cobb" <mail@xxxxxxxxxxxxx>]

CCTC Team,

 

Below you will find the response from ICANN Legal about pricing as a
function of Competition.

 

Thank you.

 

 

Berry Cobb

Internet Corporation for Assigned Names and Numbers (ICANN)

Email: mail@xxxxxxxxxxxxx
Tel: +1 720 839 5735
Skype ID: berry.cobb

 

From: Samantha Eisner [mailto:Samantha.Eisner@xxxxxxxxx] 
Sent: Tuesday, January 24, 2012 1:04 PM
To: Berry Cobb
Cc: Liz Gasster; Dan Halloran; Julie Hedlund
Subject: FW: New Issue - CCCI Metrics Pricing as a function of Competition
Importance: High

 

Here's a response that you can provide the team from the Office of the
General Counsel.

 

 

Thank you for the constructive work underway to meet the Board's request for
community assistance on this consumer metrics issue.  The team has clearly
considered many aspects of consumer choice and the breadth of proposed
metrics appears to be well thought out.  While we do not wish to constrain
the work proposed, the office of the General Counsel has expressed concerns
regarding the collection of price-related information as part of the
consumer metrics.  Collection and comparison of non-public price-related
information raises antitrust concerns in this context, particularly where
market participants may have access to the collected information.  This is
not meant to restrict the Working Team from reviewing how competition may
have been created through the introduction of new gTLDs, but rather to avoid
the expansion of a community discussion into areas that may raise questions
of anti-competitive conduct, or lead to outcomes that could impose
anti-competitive restrictions.

 

ICANN is not currently in the position of collecting non-public price
information from its registries and registrars.  Requiring submission of
non-public pricing information from its contracted parties would represent a
change to ICANN's relationships with its contracted parties, and imposes
risks to ICANN as the holder of this compiled confidential information.  In
addition, it is not only ICANN that comprises the review teams required
under the Affirmation of Commitments.  There is the possibility that those
with existing or future interests in the TLD industry are members of the
team.  Providing persons on a review team with non-public pricing
information across an entire industry (information that is not ICANN's to
begin with) provides the possibility for anti-competitive conduct, even if
there are restrictions in place for the use of the information, creates a
significant risk to ICANN as a whole.

 

One of the concerns regarding the consideration of price-related information
- whether it is publicly available or not - is the possibility that an
outcome of a future review results in a price-related recommendation.  To
that extent, any consideration of price-related recommendations is not
recommended, as it would raise both legal and accountability issues.  ICANN
does not wish to encourage the creation of recommendations that are legally
not feasible to implement.  That outcome is not desirable for your team, for
the review team, or for ICANN.  We look forward to working with you to
continue to provide guidance on this issue as you complete your work.

 

 

-- 

Samantha Eisner
Senior Counsel
ICANN
4676 Admiralty Way #330
Marina del Rey, California  90292
Direct Dial: +1 310 578 8631
Office Fax: +1 310 823 8649 

 

 

 

From: Berry Cobb <mail@xxxxxxxxxxxxx>
Date: Wed, 14 Dec 2011 12:34:13 -0800
To: Daniel Halloran <daniel.halloran@xxxxxxxxx>, Robby Markowicz
<robby.markowicz@xxxxxxxxx>, Samantha Eisner <samantha.eisner@xxxxxxxxx>
Cc: Margie Milam <Margie.Milam@xxxxxxxxx>, Liz Gasster
<liz.gasster@xxxxxxxxx>
Subject: New Issue - CCCI Metrics Pricing as a function of Competition

 

Team,

 

Per our conversation today..

 

The CCCI WG is tasked to define Consumer, Consumer Trust, Consumer Choice, &
Competition for the AoC Review post launch of the new gTLDs.  These efforts
will act as advice to the Board and passed along to the future review team.
Language within the advice letter will probably state that ICANN should
begin to collect these metrics where possible to establish a baseline in
preparation for the post launch review.

 

One proposed set of metrics within Competition relate to wholesale and
retail pricing of the domain names offered.  You can find the details within
rows 39 to 43 of the MEASURES tab of the attached spreadsheet.  At your
earliest convenience, please let us know how we should proceed and advise
the working group with respect to pricing.  Given the sensitive nature, I
assume that ICANN does not collect this type of data currently.

 

If you happen to see any other metrics of concern, we welcome your input as
well.  Let me know if you require clarification.  The WG will start to
review each metric in detail at our next session scheduled for 12/20.

 

Thank you for your help.  B

 

 

 

Berry Cobb

Internet Corporation for Assigned Names and Numbers (ICANN)

Email: mail@xxxxxxxxxxxxx
Tel: +1 720 839 5735
Skype ID: berry.cobb