Ready to join the AoC review on competition Ed!

Carlos Raúl
On Aug 2, 2015 4:35 PM, "Edward Morris" <[log in to unmask]> wrote:

>
>
> 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-affirming-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
>