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 >