Chris,
I think this question is out of scope for this request for legal advice, which is aimed at advice on our prospective proposals, not advice on our process. We are putting enough on the plate as it is. I note your original formulation of this suggested question:
1. Does the membership and process of the CWG give rise to any
concerns or risks of collusion under anti-trust law, in view of the
commercial interests of the participants? This in any relevant
jurisdiction.
Given the number of different stakeholder groups in the CWG, I don't understand your reference to the "commercial interests of the participants." Only a portion of the stakeholders have commercial interests, and these are varied and often in opposition to each other. As such, collusion does not seem like a possibility.
Finally, since this is a question of general applicability to ICANN's processes, I think this is a question for ICANN to deal with, if at all.