RE: [gnso-vi-feb10] Competition authorities

["Tim Ruiz" <tim@xxxxxxxxxxx>]

> I don't know what would stop an applicant from incorporating 
> in a jurisdiction where competition authorities are known to 
> be extremely liberal, or non-existent.

For the most part, nothing. And for the most part, we probably wouldn't
care. But it wouldn't likely work for a large corporation based in the
US, the EU, etc. Again, in regards to single-registrant TLDs I am most
concerned about large players in related fields who could have a serious
impact on the industry through anti-competitive behavior - or worse - we
unintentionally bestow upon them privileges that are anti-competitive.


Tim
 
-------- Original Message --------
Subject: Re: [gnso-vi-feb10] Competition authorities
From: Richard Tindal <richardtindal@xxxxxx>
Date: Mon, April 19, 2010 3:23 pm
To: Ruiz Tim <tim@xxxxxxxxxxx>, Gnso-vi-feb10@xxxxxxxxx

I agree.  I'd really like to see something in writing from leading
competition authorities indicating they will review and respond to the
inquiries  MMA have proposed.    I'd also like them to indicate a range
of timeframes 
in which they would typically respond in (best case/ worst case).


That said,  I don't know what would stop an applicant from incorporating
in a jurisdiction where competition 
authorities are known to be extremely liberal, or non-existent.  


RT


 
On Apr 19, 2010, at 12:27 PM, Tim Ruiz wrote:


Regarding competition authorities reviewing certain
applicants/applications, all startups are not equal. There may be valid
competition issues/questions regarding large corporations entering a new
or especially a related market. It seems to me to be particulary true of
large corporations applying to single-registrant TLDs, especially if
there are VI carve outs for single-registrant entities.

Of course, it would be helpful to understand how/if competition
authories would handle such referrals. I think we should request some
response from US and EU competition authorities so we know how to
evaluate proposals that have such review provisions, or those that some
of us think might be better with it.

Note, the RSEP has such a provision. I don't believe its ever been used,
but perhaps Staff did some research on that prior to adding it to the
process and to registry agreements.


Tim