On Friday the United States Court of Appeals, 9th circuit, released an 
opinion affirming a lower court decision in ICANN's favour in an antitrust 
suit brought by name.space Inc. The opinion is online here:
  
 
https://www.icann.org/en/system/files/files/namespace-ninth-circuit-affirmin
g-dismissal-31jul15-en.pdf
  
 At the Paris CCWG meeting Samantha Eisner of ICANN legal expressed concern 
about potential antitrust liabilities the newly independent ICANN will be 
facing. The CCWG counsel brushed off those concerns. I'm not sure that was 
wise.
  
 The name.space complaint failed on a number of grounds. Frankly, they had 
a weak case and, IMHO, framed the markers involved in a way that did not 
help them. That said, please note how often the Court referred to the 
Department of Commerce contract  in affirming ICANN's position. It will be 
very interesting to see what the court makes of an independent ICANN and 
it's monopoly in future antitrust actions.
  
 Best,
  
 Ed Morris