ICANN Registrar Constituency
Antitrust Guidelines
The Registrar Constituency of ICANN’s Generic Name Supporting Organization
(GNSO) is a recognized voting constituency constituted according to Article 5,
Section 1, Part B of the Bylaws of the Internet Corporation for Assigned Names and
Numbers. The GNSO engages in activities relevant to generic top-level domains.
Specifically the GNSO: (1) develops policy recommendations to the ICANN Board;
and (2) nurtures consensus across the GNSO constituencies. The purpose of the
Registrar Constituency is to represent the views and interests of professional domain
name registrars within ICANN’s Supporting Organizations and other relevant
ICANN bodies in all matters and issues of its responsibility according to the
procedures set forth in the ICANN Bylaws.
The Registrars Constituency intends to comply with
all relevant antitrust laws in its work.
Accordingly, the Registrars Constituency prohibits discussions,
activities or agreements or understandings on any topic, which could violate
any national or international law regarding competition or trade. In view of the foregoing and its commitment
to adherence to applicable antitrust laws, the following guidelines are
established for the Registrars Constituency, its members and observer status
parties as participants in the work of the Constituency. All members and observer status parties
participating in the activities of the Regsitrar Constituency agree to abide by
these guidelines.
1. Neither
the Registrar Constituency nor any of its activities shall be used for the
purpose of bringing about or attempting to bring about any understanding or
agreement, written or oral, formal or informal, express or implied, among and
between competitors with regard to prices, terms or conditions of sale,
distribution, volume of production, territories, customers, credit terms or
marketing practices.
2. There
shall be no discussion, communication or other exchange between members or
observer status parties of the Registrar Constituency and/or their
representatives of prices, pricing methods, production quotas or other
limitations on either the timing, costs or volume of production or sale, or
allocation of markets, territories or customers.
3. The
Registrars Constituency may discuss specific technical issues reasonably
related to ICANN-related specifications.
In so doing, the Registrar Constituency may discuss technical issues
that relate to specific potential products that might be offered in conjunction
with an ICANN-related specification, but shall not discuss the product
development plans of any member.
4. No
activity or communication of the Registrars Constituency or of any of its
members, or non-governmental interested parties or representatives shall
include any discussion or other action which might be construed as an agreement
or understanding to refrain, or to encourage a member to refrain, from
purchasing any raw materials, equipment, services or other supplies from any
supplier or from dealing with any supplier.
5. No
activity or communication of the Registrar Constituency or of any of its
members, or observer status parties
shall include any discussion or other action which might be construed as an
attempt to prevent any person or business entity from gaining access to any
market or customer for goods and services, or from obtaining a supply of goods
or services or otherwise purchasing goods or services freely in the market.
6. The
qualifications for membership in the Registrar Constituency are set forth in
the ICANN By-Laws. No applicant for
membership, who otherwise meets the qualifications set forth therein, shall be
rejected for any anti-competitive purpose or for the purpose of denying such
applicant the benefits of membership.
7. The
Registrar Constituency is part of an industry process for the development of
ICANN policies that coordinate the stable operation of the Internet's unique
identifier systems. Neither the Registrar Constituency, nor any member or
observer status party thereof shall agree to standardize any product or service
for the purpose or with the effect of preventing the manufacture, sale or
supply of any product or services not conforming to a specified standard, it
being the express policy of the Registrar Constituency that neither the
Constituency nor any member or observer status party thereof shall coerce any
member or non-member into accepting or complying with any standard either
adopted, recognized or approved by the Registrar Constituency.
8. In
conducting any meetings, the Chair of each such meeting shall prepare and issue
a formal agenda prior to the meeting.
The Chair shall follow the formal agenda and rules set forth in the
Registrar Constituency by-laws.
Informal side or “rump” meetings should not be held. These antitrust guidelines apply to conversations
during breaks, meals or social gatherings.
9. Minutes
should be prepared for all meetings, indicating the subjects discussed and the
persons and attendance, and should be promptly distributed to all members
[after review by counsel for the Registrar Constituency].
10. All information, materials or reports of the
Registrar Constituency shall be made
publicly available on such terms and conditions as set forth in the
Registrar Constituency By-Laws.
11. The Registrar Constituency Chairperson shall
supply each member of the Registrar Constituency a copy of these Guidelines
following the normal procedures of the Registrar Constituency, and each member
agrees with the other members of the Registrar Constituency to abide by these
Guidelines as a condition of its membership and participation in the activities
of the Registrar Constituency.
[12.The Registrar Constituency should retain counsel with overall responsibility for providing antitrust guidance. Among other things, counsel should review the proposed agendas for meetings and meeting minutes.]