Re: [gnso-vi-feb10] Board resolution on Vertical Integration

[Richard Tindal <richardtindal@xxxxxx>]

I agree with Jeff.

As Eric pointed out,  one of the hardest parts of defining market power is 
whether or not a given TLD is a market unto itself.  

There's also the issue that many items on our Harms list are not directly 
related to economic power,  but instead are policy 
implications specific to the domain market - e.g. WhoIs abuse.  

RT


On Sep 27, 2010, at 9:23 AM, Jeff Eckhaus wrote:

> Tim,
> 
> I agree that defining who has market power is a lengthy exercise that cannot 
> be established in a few days. 
> My point was to clarify what they meant by market power, so a definition of 
> what is market power. 
> 
> Jeff
> 
> 
> From: Tim Ruiz 
> To: Jeff Eckhaus 
> Cc: Gnso-vi-feb10@xxxxxxxxx 
> Sent: Mon Sep 27 07:09:03 2010
> Subject: RE: [gnso-vi-feb10] Board resolution on Vertical Integration 
> 
> What Salop and Wright did was speculate. Defining market power, or even
> worse, future market power, in an international environment would take
> more than a few days, likely at least months if not years. In addition,
> extensive outside expertise would need to be consulted.
> 
> Given where we were when the interim report was published, I doubt
> highly that this group will find consensus by the 8th of October. We
> should face reality and relabel the revised interim report as final and
> let the Board do what it will do.
> 
> Tim
> 
> > -------- Original Message --------
> > Subject: Re: [gnso-vi-feb10] Board resolution on Vertical Integration
> > From: Jeff Eckhaus 
> > Date: Mon, September 27, 2010 8:57 am
> > To: "'avri@xxxxxxx'" , "'Gnso-vi-feb10@xxxxxxxxx'"
> > 
> > 
> > Or we could ask Salop/Wright since the GAC specifically references them:
> > 
> > preventing market dominance and averting market distortions. The GAC notes 
> > in this regard the Salop
> > > and Wright report and recognizes that vertical separation may be 
> > > warranted where a market participant wields, or may in the future wield, 
> > > market power
> > 
> > ----- Original Message -----
> > From: owner-gnso-vi-feb10@xxxxxxxxx 
> > To: Gnso-vi-feb10@xxxxxxxxx 
> > Sent: Mon Sep 27 06:46:00 2010
> > Subject: Re: [gnso-vi-feb10] Board resolution on Vertical Integration
> > 
> > 
> > hi,
> > 
> > To Mikey's question:
> > 
> > Another thing we did in the MaPO group, when we wondered what the GAC 
> > meant, we asked.
> > 
> > a.
> > 
> > On 27 Sep 2010, at 09:40, Richard Tindal wrote:
> > 
> > >
> > > I agree with Eric.
> > >
> > > Its unclear to me precisely what the GAC meant. I'm leaning towards the 
> > > interpretation that its about exceptions.
> > >
> > > RT
> > >
> > >
> > >
> > > On Sep 27, 2010, at 8:31 AM, Eric Brunner-Williams wrote:
> > >
> > >>
> > >> Warning. Not the product of a long and considered thinkum.
> > >>
> > >> What is "wrong" with ...
> > >>
> > >> 0% (Nairobi): It does not match the GAC recommendation that an exception 
> > >> exist for registries operated by and for communities located in 
> > >> developing economies.
> > >>
> > >> 3% (Staff): Ditto.
> > >>
> > >> RACK+: There's the no-exception version, and the "++" version that was 
> > >> the subject of discussion involving myself and others, which had 
> > >> exception for communities. The "+" version shares the defect above. The 
> > >> "++" version has the defect that the community exception did not 
> > >> specifically promote communities located in developing economies or 
> > >> under-served scripts.
> > >>
> > >> JN2: It has exceptions for communities, as well as exceptions for 
> > >> "single registrant", and for "orphan". The defect(s) are arguably that 
> > >> the scope of the exception promotes brands and fail(ing) standard 
> > >> applications more than communities located in developing economies or 
> > >> under-served scripts, _and_, after 18 months, the per-registry test of 
> > >> separation as a market protection policy.
> > >>
> > >> Free Trade: It does not match the GAC recommendation that separation is 
> > >> the appropriate tool for market protection, and shares the first defect 
> > >> of JN2.
> > >>
> > >> CAM: Ditto. The utility of my commenting on anything from 
> > >> Meuller/Palage/Doria is less than zero.
> > >>
> > >>
> > >> I suppose a key issue is how one reads the GAC recommendation.
> > >>
> > >> Are the references to market power informative to the recommendation 
> > >> that registries operated by and for communities in developing economies 
> > >> be allowed to operate the registrar function, OR are they free standing, 
> > >> and applicable to any registry lacking market power?
> > >>
> > >> Are the references to national competition authorities illustrative of 
> > >> the issues to consider when evaluating a request for vertical 
> > >> integration, or are they recommendations to delegations of authority 
> > >> from the Board to some national competition authorities?
> > >>
> > >> Then there's the hoary old standard, what is meant in this document by 
> > >> "market power"? Is it in the CNOBI++ market, whether registry or 
> > >> registrar function is considered, or is it in each .NEWDOT market, or is 
> > >> it across all similar .NEWDOT instances?
> > >>
> > >> See you at call-time.
> > >> Eric
> > >
> > 
> > 
> > 
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> 
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