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Changes
→EC Concerns Over the Full Removal of Vertical Separation
* The procedural approach of ICANN to refer an application to relevant antitrust authorities for "expert analysis and ante determination" overlooks the fact that competition authorities have limited powers in implementing rules, which is based on a case to case market analysis. ICANN did not clearly identify specific laws that will serve as basis of its jurisdiction to determine if there are concerns on competition. Referral to competition authorities depends on ICANN's discretion.
* The procedural approach of ICANN to refer an application to relevant antitrust authorities for "expert analysis and ante determination" overlooks the fact that competition authorities have limited powers in implementing rules, which is based on a case to case market analysis. ICANN did not clearly identify specific laws that will serve as basis of its jurisdiction to determine if there are concerns on competition. Referral to competition authorities depends on ICANN's discretion.
* The EC encouraged ICANN to reconsider its' decision to implement the full removal of vertical separation of registries and registrars and to accomplish the following suggestions:
* The EC encouraged ICANN to reconsider its' decision to implement the full removal of vertical separation of registries and registrars and to accomplish the following suggestions:
# seek independent economic and legal expert studies regarding the present situation of the domain name market and evaluate the impact of the existing restrictions on vertical integration. The impact of partially or totally removing the restriction on innovation and to consumers.
# conduct independent economic and legal expert studies regarding the present situation of the domain name market and evaluate the impact of the existing restrictions on vertical integration. The impact of partially or totally removing the restriction on innovation and to consumers.
# provide new market data on the current degree of competition and cross-ownership within the registry and registrar level.
# provide new market data on the current degree of competition and cross-ownership within the registry and registrar level.
# provide data and documents supporting ICANN's decision to fully remove vertical separation.
# provide data and documents supporting ICANN's decision to fully remove vertical separation.