FYI: email from Kelly Larry at the ACCC <larry.kelly&#167;accc.gov.au>

Kelly Larry wrote:
> 
> > Mr Jim Birch
> > Multinode Computing
> >
> >
> > Dear Mr Birch
> >
> > Thank you for your email inquiry of Monday 1 November 1999 about domain
> > name administration in Australia and the proposed public sale of shares in
> > the University of Melbourne's domain name registry business, Melbourne IT.
> >
> > Your first questions relate to whether the ACCC has a role in relation to
> > the selling of Australian domain names.
> >
> > The ACCC considers the issue of domain name administration an important
> > matter and has been monitoring activity in this area. In particular, the
> > Commission has been monitoring the development of auDA with its purpose of
> > facilitating input to policy and administration of domain names from a
> > broad cross section of stake holders.
> >
> > There are important safeguards in place to address any anti-competitive
> > conduct which occurs in relation to domain name addressing in Australia.
> > These safeguards are provided for in the Telecommunications Act 1997 and
> > in the Trade Practices Act 1974.
> >
> > The Telecommunications Act enables the ACA, potentially in combination
> > with ACCC, to direct that a certain entity is the 'declared manager of
> > electronic addressing'. The ACCC can issue directions to the declared
> > manager of electronic addressing where compliance with the direction is
> > likely to have a bearing on competition. The ACA can also intervene if it
> > believes that domain name administration is not being conducted in
> > accordance with generally accepted principles and standards.
> >
> > Part IV of the Trade Practices Act would also apply to domain name
> > administration. The provisions in this part of the Act prohibit a range
> > anti-competitive practices including anti-competitive agreements, misuse
> > of market power and exclusive dealing. If you would like more information
> > about these practices, you may wish to consult the publication Summary of
> > the Trade Practices Act 1974 which can be accessed from the ACCC's web
> > site at the following URL:
> >
> > <http://www.accc.gov.au/pubs/tpa_summary/tpa_sum_99.html>
> >
> > Your primary concern seems to be that the organisation currently
> > administering the '.com.au' domain name is a monopoly and that there will
> > be certain negative consequences which flow from its public listing on the
> > stock exchange.
> >
> > I understand that INA is already an incorporated entity which conducts
> > business for a profit.
> > The Trade Practices Act does not prohibit a company from floating on the
> > Stock Exchange even if the company is a monopoly. Further, on the
> > information available to the Commission, there is no indication that the
> > public listing of INA will of itself result in any anti-competitive
> > conduct likely to contravene the Act.
> >
> > The ACCC will continue to monitor activity in this area, and should
> > information that suggests anti-competitive conduct is occurring become
> > available, the ACCC will investigate the matter.
> >
> > If you have any questions or wish to provide additional information please
> > contact Emma Gordon on (08) 9325 0608.
> >
> > Yours sincerely
> >
> >
> >
> > Larry Kelly
> > Assistant Director
> > Western Australia
> >