[gnso-vi-feb10] Comment on MMA Proposal

["Tim Ruiz" <tim@xxxxxxxxxxx>]

Hello MMA Team,
 
Appreciate the thought that went into your joint proposal. As I
mentioned during the call today, my major concern is the prohibition on
entities with over 40% market share. I read footnote 3 and agree with
the reasoning behind possibly removing it and hope that does happen, but
the reasons stated miss some of my concerns with it. 
 
Market share may be used as a trigger mechanism by competition
authorities to indicate an entity may need a closer look, but it is
rarely if ever used as the sole deciding factor that competition or
antitrust issues exist. If used as described in the MMA proposal that's
exactly what happens and sets ICANN up as the sole decision maker. I
think that is itself actually anti-competitive (decisions based soley on
market share), and that ICANN is not the body we want making these kinds
of decisions.


Thanks,
Tim