[Gnso-newgtld-wg] Auction of last resort and Private Resolutions

Sun Jun 28 20:29:48 UTC 2020

I read things such as :"a “key person” whose expertise is desirable  and
who serves on the Board or the Advisory Board at a certain consulting fee"
and

"the possibility of the “losing” applicant being required to pay a fee into
an Applicant Support fund upon withdrawal of its application"

These are good ideas but from an applicant perspective it complexifies
greatly the application procedure.

I don't think that applicants should have to deal with more complex (and
costly) procedures that only Icann insiders are able to explain.

The only thing missing in the next guidebook is a clear and simplified
procedure for .BRANDs

The next AGB should be more simple, not more complex.

Jean Guillon

Le dim. 28 juin 2020 à 20:47, Pruis, Elaine via Gnso-newgtld-wg <
gnso-newgtld-wg at icann.org> a écrit :

> Hi,
> The “auction of last resort” in 2012 was aptly named. Private resolution
> was encouraged. ICANN auctions were the very last possible remedy for
> contention sets. So it’s not surprising that 90% of contention sets were
> resolved privately. That was intentional.
> Keeping the option for private resolutions is reasonable- it’s the gaming
> and buyouts we’ve been asked by the board to try to prevent.
> If we want to avoid any of it, let’s do the Vickrey auction - put in a
> sealed bid with your application. Parties can try to make whatever deals
> they want after the TLD is delegated.  This eliminates horse trading or
> gaming or disadvantaging single applicants by paying portfolio applicants
> to lose.
> Elaine
>
>
> On Jun 26, 2020, at 11:32 AM, Aikman-Scalese, Anne <AAikman at lrrc.com>
> wrote:
>
> 
>
> Dear WG Members,
>
> Re: private resolution of contention sets, I just wanted to mention again
> (as I did in chat on the last call) that apparently 90% of string
> contention sets were resolved before auction of last resort in the 2012
> round.  (My source for this is the CCWG Auction Proceeds group so let me
> know if you disagree on this statistic.)  This means private resolution is
> by far “the rule” in resolving string contention.
>
>
>
> It seems to me that promoting “joint ventures” of 2 or more applicants for
> the string will very easily result in “buy-outs” and “horse trading”.  An
> applicant who really wants to win will need only to structure a revised
> “change request” application in which (a) the other party becomes a “silent
> partner” or (b) is named a “key person” whose expertise is desirable  and
> who serves on the Board or the Advisory Board at a certain consulting fee.
> The “silent partner” and/or Advisory Board member agrees in exchange to
> withdraw the competing application.  We should be thinking of ways to
> address this.  I had suggested the possibility of the “losing” applicant
> being required to pay a fee into an Applicant Support fund upon withdrawal
> of its application if it (or one of its principals) participates in the
> so-called “joint venture” revised application.
>
>
>
> Separately, loose references to the organizational structure known as
> Joint Venture are probably ill-advised.  That form of corporate structure
> is rarely pursued in this day owing to the high degree of risk of liability
> taken on by each joint venturer for the acts or omissions of the other
> joint venturer(s).  Whatever we recommend as a matter of policy, it might
> be better to adopt some sort of neutral terminology such as “ revised
> business combination applicant” terminology.
>
> Anne
>
>
>
> *Anne E. Aikman-Scalese*
>
> Of Counsel
>
> 520.629.4428 office
>
> 520.879.4725 fax
>
> AAikman at lrrc.com
>
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