Wiltshire Grannis Memorandum to the Board

With a cover letter provided by RACK+ proponent Brian Cute, we now have "an outside competition law firm" addressing the topic as to whether vertical Integration proposals that restrict cross ownership between registries and registries might present an increased risk of litigation liability for ICANN.

Their conclusions:

1.  Vertical Separation Safeguards for New gTLDS Do Not Create Significant Antitrust Risk
2.  ICANN will not face antitrust liability under § 1 of the Sherman Act
3.  ICANN will not face antitrust liability under § 2 of the Sherman Act.


One wonders why ICANN doesn't simply request a Business Review from the U.S. Justice Department in order to settle any outstanding concerns:

     "Persons concerned about the legality under the antitrust laws of proposed business conduct may ask the Department of Justice for a statement of its current enforcement intentions with respect to that conduct pursuant to the Department's Business Review Procedure. See 28 C.F.R. Section 50.6.   Where the specified information and documents are provided, and where such submissions provide an adequate basis upon which to determine the Department's enforcement intentions, the Department will make its best effort to resolve the business review request within sixty to ninety days."