Re: [registrars] Code of conduct & anti-trust issues

[Michael Bilow <mbilow@registrationtek.com>]

On 2002-08-27 at 14:42 -0700, Robert F. Connelly wrote:

> At 03:57 PM 8/27/02 -0400, Jim Archer wrote:
> >to what extent if any, the CoC constitutes an anti-competitive business 
> >practice?
> 
> Dear Jim:  If we used it to cut off a registrar, it would be a 
> problem:-(  Regards, BobC

It is not clear who would have standing under any adopted Code of Conduct.  
For example, customers and resellers might use it to sue a registrar.

The essence of anti-competitive behavior arises long before anyone is cut
off, but rather inheres in the discussions ("conspiracy") leading to the
attempt as well.  What I think Jim is pointing out is that there is a lot
of unknown complexity with potential anti-trust implications, such as
disparate effects upon larger versus smaller registrars, or newer versus
older registrars.  Any Code of Conduct is, by definition, a manipulation
of the marketplace, and is therefore necessarily suspect.

My opinion, for what it may be worth, is that this is a minefield.

-- Mike