Amadeau, Within the Registries constituency, and I have heard within the registrars as well, we operate by a strict code of conduct and are extremely careful to avoid any issues that may be considered to fall afoul of antitrust regulations and laws (i.e., no discussion on pricing, no discussion on restraining the trade of another party, no discussions on forming coalitions, and certainly no discussion in any way that could operate to hamper the ability of another registry operator to operate its business and compete in the marketplace. Any time an industry gets together, these guidelines need to be strictly adhered to. Perhaps, it would be a good idea for an independent neutral subject matter expert advise the Council on such matters. Jeff -----Original Message----- From: Amadeu Abril i Abril [mailto:Amadeu@abril.info] Sent: Thursday, October 16, 2003 1:59 PM To: Milton Mueller Cc: council@gnso.icann.org Subject: Re: [council] FW: Statement of New Registry Services PDP En/na Milton Mueller ha escrit:

I am sure that Jeff does not need to be told this, but perhaps Amadeu does.

Even without this latest proposal to vet market entry, ICANN raises severe antitrust issues

Wrong, Milton. You certainly don't need to tell me, or anyone else, that all about ICANN raises concrens on you. We all give you credit on that. But outisde the fairly reduced circle of professional antiICANN fighters I still have to see a single serious intellectual argument on that direction. Antitrust concrns? Sure, Milton. Everytihing out there with an incidence on the market has. I spent two years working in the Eurpean Commission's Directorate General for Competition, and I remember perfectly that those bodies are paranoid-by-design. It¡s their job. But follow my argument: ICANN is as antiturst-risky as any other activity, but much less, say, than certain independnet behaviours of certain operators with the significant market poser within the rtegistry consituency, to give a simple and related example. I am saying that anyone here is violating anitrust laws? Nope, quite the contrary. I am saying that I don't think so. But ICANN-as-a-process, including aproving a process for introducing new registry system is further from the "critical risk" than other behaviors/instances/companies. Take it as you want. But my professional career does not depend on criticizing anything ICANN. Amadeu, amateur apologist ;-)