[rpd] [Community-Discuss] Unaddressed queries by AFRINIC during AGMM

[Mike Silber]

Hi Frank


> On 29 Jun 2021, at 12:08, Frank Habicht <geier at geier.ne.tz> wrote:



>> 

>> In many countries legal frameworks the lack of a transfer policy

>> allowing registrants to monetize the transfer of their registrations

>> could be considered either restraint of trade or an

>> anti-trust/anti-competitive matter.

> 

> the fact is that these numbers should be unique and centrally managed.

> These anti-trust lawyers can send a better proposal for managing them.

> 


I think the comment came from the perspective of someone whose experience is largely in an RIR hosted in a country and where that same country accounts for the majority of members and resource utilisation. That means that national law (including anti-trust law) would be applicable for that RIR.

It may also be influenced by actions in another continent where there is a continental political union that has resulted in a continental competition oversight authority working with national competition regulators and which has supra-national powers. That means that the actions of that RIR will be subject to a complex regime of national and supra-national law, including competition law.

However it ignores the realities of the competition law regime in Africa and the fact that the AU does not have a supra-national competition law or competition authority. IMHO even a cross-border authority like the COMESA competition commission has a restricted mandate and lacks the authority to review issues such as a transfer policy.

It is conceivable that the AfCFTA will eventually lead to such an environment - but for now it is absent.

So any reference to “anti-trust” (a largely American reference), anti-competitive or an unlawful restraint of trade should be taken with a large bag of salt.

This does not mean I endorse the contrary position - but I do have an issue with fear mongering and factual inaccuracies being perpetuated. I hope that these comments are being advanced due to ignorance or experience in a different jurisdiction.  I truly hope that they are not being inserted with the intent to deceive or manipulate.

Mike
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