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