Uniregistry company, a big new top-level domains market player, found out that USA Ministry of Justice can classify new top-level domains private auctions as violation of the anti-monopoly law.
What is meant here is the auctions where new domain registries can fight for the right of a top-level domain managing. In case if there are several applicants for a top-level domain, it was theoretically possible to decide a controversy on a private auction which has nothing to do with ICANN. In fact the question is that the parties can “settle the case between themselves”.
Uniregistry addressed to USA Ministry of Justice with a claim to issue a decision about the legality of participating in a private auction. Today it became known that Ministry of Justice refused to issue this decision. The Body states that “no honest organization including ICANN has a right to provide the exclusion or defense from antimonopoly law to any other party”. This decision means that Ministry of Justice leaves the right to prosecute companies which violate antimonopoly law as well as impose fines to such companies. According to the Body any settlements on setting domain arguments for new top-level domains between applicants can be considered from a point of view of antimonopoly laws, in case if both sides escaped a public auction.
Applicant’s application for a new top-level domain guidance has a regulation that applicants can settle the argument between themselves but doesn’t describe the way how to do it.
