[governance] "Oversight"

Andrea Glorioso andrea at digitalpolicy.it
Mon Jun 18 04:14:58 EDT 2012


For the record, the European Commission sent two letters asking for
clarifications on the vertical integration between registries and
registrar. You can find them (as well as the answers) here:

http://www.icann.org/en/correspondence/eu-to-icann-17jun11-en.pdf
(Commission to ICANN, 17 June 2011)
http://www.icann.org/en/correspondence/beckstrom-to-kroes-25oct11-en.pdf
(ICANN to Commission, 25 October 2011)
http://www.icann.org/en/news/correspondence/de-graaf-mccallum-to-beckstrom-crocker-19jan12-en
(Commission to ICANN, 19 January 2012)
http://www.icann.org/en/news/correspondence/beckstrom-to-de-graaf-mccallum-09mar12-en
(ICANN to Commission, 9 March 2012)

During the Costa Rica meeting, if I am not mistaken, I (as the
representative of the European Commission in the GAC) also pointed out
that the language used in the documents might suggest that the
European Commission, in its role as the competition/antitrust
authority in the EU, would be subject to deadlines set by ICANN to
express an "opinion" on the possible anti-competitive effects of
authorisations by ICANN to allow integration.

I believe the US Department of Justice (Antitrust division) also sent
a letter to ICANN, asking for clarifications.

Best,

Andrea

On Mon, Jun 18, 2012 at 9:39 AM, William Drake <william.drake at uzh.ch> wrote:
> Hi
>
> Maybe I'm misunderstanding Avri's account of their satisfaction level.  My recollection that the USG and EC both provided paper saying the competition implications hadn't been worked through satisfactorily and the existing VI prohibitions should be maintained. They and the UK made the same arguments at the famous GAC/Board meeting in Singapore (where the EC rep deftly suggested, with respect to trademarks, that it was a 'discussion between the deaf and the stupid'…?)
>
> Not saying I disagree with the board's decision, but simply that the GAC wasn't overjoyed.  Actually, the board's disagreement was a good affirmation of the model…
>
> Bill
>
> On Jun 18, 2012, at 8:53 AM, Roland Perry wrote:
>
>> In message <d9e94c0d-9d56-4df1-9121-e8ff95278dc4 at email.android.com>, at 19:28:00 on Sun, 17 Jun 2012, Avri Doria <avri at acm.org> writes
>>>> First of all I would like to know from the people more
>>>> closely involved, which competition authorities did ICANN talk to. I
>>>> take it to be US government's because I know of no international level
>>>> competition authority
>>>
>>> I remember that several countries competition authorites were spoken to.  I would have to go through records, which I am not inclined to do
>>> right now, to get the names of those countries.  The US was certainly among them, but there were others. .
>>
>> This is not an answer to the question (or even a guess) but if anyone talks to the competition authorities in both Washington and Brussels (for the EU) then they've covered (by various economic measures) 2/3 of the world.
>>
>> If both of those think it's OK, and both are hard to please, then the proposal is probably OK.
>> --
>> Roland Perry
>>
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-- 

--
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