RE: [council] FW: Statement of New Registry Services PDP

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

Amadeau,

Within the Registries constituency, and I have heard within the registrars
as well, we operate by a strict code of conduct and are extremely careful to
avoid any issues that may be considered to fall afoul of antitrust
regulations and laws (i.e., no discussion on pricing, no discussion on
restraining the trade of another party, no discussions on forming
coalitions, and certainly no discussion in any way that could operate to
hamper the ability of another registry operator to operate its business and
compete in the marketplace.  

Any time an industry gets together, these guidelines need to be strictly
adhered to.  Perhaps, it would be a good idea for an independent neutral
subject matter expert advise the Council on such matters.

Jeff

-----Original Message-----
From: Amadeu Abril i Abril [mailto:Amadeu@xxxxxxxxxx]
Sent: Thursday, October 16, 2003 1:59 PM
To: Milton Mueller
Cc: council@xxxxxxxxxxxxxx
Subject: Re: [council] FW: Statement of New Registry Services PDP


En/na Milton Mueller ha escrit:
> I am sure that Jeff does not need to be told this, but 
> perhaps Amadeu does. 
> 
> Even without this latest proposal to vet market entry,
> ICANN raises severe antitrust issues

Wrong, Milton. You certainly don't need to tell me, or anyone else, that 
all about ICANN raises concrens on you. We all give you credit on that. 
But outisde the fairly reduced circle of professional antiICANN fighters 
I still have to see a single serious intellectual argument on that 
direction.

Antitrust concrns? Sure, Milton. Everytihing out there with an incidence 
on the market has. I spent two years working in the Eurpean Commission's 
Directorate General for Competition, and I remember perfectly that those 
bodies are paranoid-by-design. It¡s their job.

But follow my argument: ICANN is as antiturst-risky as any other 
activity, but much less, say, than certain independnet behaviours of 
certain operators with the significant market poser within the rtegistry 
consituency, to give a simple and related example.

I am saying that anyone here is violating anitrust laws? Nope, quite the 
contrary. I am saying that I don't think so. But ICANN-as-a-process, 
including aproving a process for introducing new registry system is 
further from the "critical risk" than other behaviors/instances/companies.

Take it as you want. But my professional career does not depend on 
criticizing anything ICANN.


Amadeu, amateur apologist ;-)