RE: [gnso-vi-feb10] Competition authorities

["Michael D. Palage" <michael@xxxxxxxxxx>]

Richard,

I believe it was you in Seoul that said if there was a problem, let national
competition authority handle it. So if one of more competition authorities
have a problem then that gTLD applicant has much bigger problems on its
hands, e.g. potential jail time. ICANN's process has no special "get out of
jail free" qualities that would prevent a national competition authority
from bringing its own enforcement action. I think we need to always remember
that in the back of our head. 

ICANN is a global trustee of a public resource, the reason I opposed your
laissez-faire approach in Seoul was that I thought it irresponsible for
ICANN to create a progress that generated problems and then expected
governments to bail it out of hot water. The Team MMA proposal is modeled in
the spirit of the AoC which has ICANN working in collaboration with
governments to prevent a problem before it happens. It is not intended to
over regulate smaller registries, or impose artificial ownership percentages
that have no factual/market basis. 

Just my two cents.

Best regards,

Michael



-----Original Message-----
From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx]
On Behalf Of Richard Tindal
Sent: Wednesday, April 21, 2010 1:19 AM
To: Avri Doria; Gnso-vi-feb10@xxxxxxxxx
Subject: Re: [gnso-vi-feb10] Competition authorities


Avri,

What would happen if the two national competition authorities made differing
judgments?

RT


On Apr 20, 2010, at 3:57 PM, Avri Doria wrote:

> 
> 
> On 20 Apr 2010, at 18:17, Michele Neylon :: Blacknight wrote:
> 
>>> 
>>> 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.  
>> 
>> Which is what anyone who wanted to "game" a system would do.
>> 
> 
> 
> One of the thoughts that I had on that was that since ICANN is
incorporated in the US, the US competition authorities would always end up
being consulted as well as any local ones.  
> 
> a.
> 
>