RE: [gnso-vi-feb10] vertical relationships in the domain name mkt

["Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>]

Milton - that was pretty blunt (which is so unusual for you).  The ICANN 
economists also stated that they did not do the research on the policy 
implications of getting rid of cross-ownership, cross-control limitations.  
They also conceded as I know you agree that the requirement of treating all 
registrars equally was contrary to the stated objectives of encouraging 
innovation, lower prices, etc.

In addition, in the real world, especially the telecom industry, long 
transition times are provided to assist in any type of deregulation (which this 
would represent).  This is done to allow existing market players the time to 
adapt to the new world order and compete on the level playing field.  In the 
telecom industry, for example, the order to require number portability in the 
US took 2-3 years prior to its implementation for wire-line customers and 
nearly 7 years for wireless customers (after some long drawn out legal 
battles). So any new proposed deregulation would need to consider this type of 
transition period as well if the proposal is to deregulate as you and some 
others have argued.  This was also used in airline deregulation as well.  By 
the way, the ICANN economists also conceded this point when raised as well.

Are those real enough? :)

Jeffrey J. Neuman
Neustar, Inc. / Vice President, Law & Policy

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From: Milton L Mueller [mailto:mueller@xxxxxxx]
Sent: Thursday, July 08, 2010 11:26 AM
To: Hammock, Statton; Neuman, Jeff; tim@xxxxxxxxxxx; 
owner-gnso-vi-feb10@xxxxxxxxx; Jothan Frakes; vgreimann@xxxxxxxxxxxxxxx
Cc: Gnso-vi-feb10@xxxxxxxxx
Subject: RE: [gnso-vi-feb10] vertical relationships in the domain name mkt

I don't think there is any point to concede, except for the fun of comparing 
ICANNland to Candyland.

As noted before, my use of real-world examples of the presence or absence of 
rules regarding vertical separation is NOT selective. It is based on an 
understanding of antitrust economics. And the professional antitrust economists 
ICANN has consulted with - who come from a broad spectrum of - are all telling 
us the same thing. So I really don't understand the point Jeff is making. If we 
can't debate these issues using real world examples we'll be stuck in Candyland 
forever. So Jeff, please engage with the economic/structural arguments on the 
merits and stop making sophistical points.

--MM

From: Hammock, Statton [mailto:shammock@xxxxxxxxxxxxxxxxxxxx]
I will concede, Jeff, that you do make a fair point.

Statton