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

[Cheryl Langdon-Orr <langdonorr@xxxxxxxxx>]

*SIGH*  so Noted...  Thanks  Berry

Cheryl Langdon-Orr
(CLO)



On 25 January 2012 07:44, Berry Cobb <mail@xxxxxxxxxxxxx> wrote:

> 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****
>
>  ****
>
>