[CCWG-ACCT] "feasible and appropriate" reliance on market mechanisms

Eric (Maule) Brunner-Williams ebw at abenaki.wabanaki.net
Mon Feb 1 06:31:54 UTC 2016


> 
> First, I wouldn't say "ICANN does not possess antitrust expertise."  I'm
> sure that ICANN is really well advised on antitrust matters by Jones Day;
> Joe Sims, the partner behind the Jones Day relationship, is a first-rate
> antitrust lawyer and Jones Day has a strong antitrust practice.  I think
> ICANN has all the antitrust expertise it needs available to it.
> 

I would be surprised if it were otherwise. Joe was evident during the VI
work, and he has associates.

I concur, though for another reason, with Greg's second point (authority).

I share Greg's uncertainty as to the meaning of some competition related
consequence of the RSEP program, as I recall the RSEP being motivated by
a desire to ensure unusual registry proposals, or under-funded ones, were
given more scrutiny than registry proposals that simply offered to follow
the VGRS business model.

I do differ on whether policy must arise "bottom up". We criticise Board
and Staff when policy arives out of the clear blue sky, e.g., the VI flip
flop Peter shared with us. Removing it would remove the current basis for
criticising policies, and processes, which don't quite pass the smell test.

Eric Brunner-Williams
Eugene, Oregon


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