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

[Owen DeLong]

> On Jun 29, 2021, at 03:58 , Mike Silber <silber.mike at gmail.com> wrote:

> 

> Hi Frank

> 

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


You are correct on all counts about my perspective and understanding and I appreciate the education.

I suspect that over time, some form of regional legal basis for this must develop over time, even if it’s created in the form of collections of treaties with a common framework for such things or countries adopting similar laws which provide for reciprocal enforcement cooperation with countries having compatible law in the area.

I apologize for any misinformation. Fear mongering certainly was not my intent.

Owen

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