Home > News > ICANN Says It Can't Be Subject to Antitrust in .XXX Suit • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

ICANN Says It Can't Be Subject to Antitrust in .XXX Suit

ICANN Says It Can't Be Subject to Antitrust in .XXX Suit
Get XBIZ News
May 14, 2012 4:00 PM PDT    Text size: 

LOS ANGELES — ICANN doesn't run porn sites and doesn't sell or register domain names, and that's why it says it should be dismissed from Manwin's antitrust suit against ICM Registry and the Internet governing body.

"In fact, ICANN does not make or sell anything, it does not participate in any market, and its bylaws expressly forbid it from participating in any of the 'markets' referenced in [Manwin's first amended complaint]. Yet ICANN somehow finds itself as a named defendant in an antitrust case, accused of restraining trade," ICANN said in a response to the amended complaint.

Attorneys for ICANN said in their response to Manwin's first amended complaint, which followed ICM Registry's, that the decision to allow the creation of a new TLD such as.XXX is not an action that could result in a finding that ICANN has restrained trade or conspired to monopolize a market.

Manwin's complaint, they said, is "a garden-variety business dispute that does not appear to implicate the antitrust laws" and that ICANN doesn't, and cannot under its bylaws, participate in any of the markets that may exist that involve the domain name system, TLD registries or registrars.

"From the moment ICANN was formed to this day, one of ICANN’s core values has been to create competition within the Internet’s DNS," ICANN attorneys said. "The creation of competition cannot give rise to an antitrust complaint, which dooms plaintiffs’ attack on ICANN’s decision to help create that competition."

What Manwin is complaining of in the suit, ICANN counsel said, is potential competition the Luxembourg company may face from the operation of .XXX websites.

"An increase in competition cannot violate the antitrust laws, but even if the way ICM has decided to operate the new .XXX registry could somehow raise legitimate antitrust concerns, that does not and cannot create antitrust exposure for ICANN."

ICANN attorneys, calling the suit over violating antitrust laws "absurd," have asked for a judge to approve a motion to dismiss.

ICM Registry already has moved for an order dismissing claims under §§ 1 and 2 of the Sherman Act on grounds that Manwin failed to plead antitrust injury, failed in allegations that ICM Registry and ICANN conspired to create anticompetitive restraint or to monopolize a relevant market and that Manwin hasn't alleged that ICM Registry engaged in unilateral anticompetitive or exclusionary conduct — all legal standards for antitrust cases to survive motions for dismissal pursuant to federal Rule 12(b)(6).

Manwin and its newly acquired Digital Playground unit teamed up in November just prior to .XXX's general roll out to seek "redress for monopolistic conduct, price gouging and anticompetitive and unfair practices, broadly harming competition, businesses and consumers, and arising out of the establishment of .XXX."

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

EDUCATIONAL FEATURES

Cam World: Camming and Toys Go Hand in Hand

There is nothing more satisfying than pleasure, especially if it is sexual. The size or the presentation of the stimulus does not matter if the sensations and tension the body receives transform the way... More »

Cam World: Injecting Personality Into Your Room

Since the last issue of Cam World, I’ve made some significant life changes. I’m working from Colombia now. This was a decision that was not entered into lightly, but change gives you a chance... More »

Fraudulent Brazilian Trademark Registrations Running Rampant

Although you might not think often about protecting your trademark rights in Brazil, you need to — even if you don’t yet have a single Brazilian customer. Scammers are constantly looking for... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

EXXXOTICA Denver

Mar 31 - Apr 02
Denver, CO.

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!