Re: [antitrust-policy] New Version Notification for draft-halpern-gendispatch-antitrust-06.txt

[Rigo Wenning <[e-mail]>]

Stehpen,

On 25.08.23 13:41, Stephen Farrell wrote:
> 
> Maybe the problem is the phrase "market data"? Is
> that meant to include/exclude e.g. reports that
> trials have found that a new TLS extension causes
> some deployed implementations to misbehave?

Communication is complex. Rulings on communication are as complex. The 
issue here is that "market data" or any other type of data (prices) are 
set as absolute without taking into account the purpose of that 
communication.

But all the guidelines on horizontal agreements (that I know) ALWAYS 
include an intrinsic condition on the purpose of the communication. And 
this intrinsic condition is that the communication is done with the goal 
of market manipulation. This is why standards are permissible despite 
the fact that they are horizontal agreements.

This is the weak point of the current way the ID tries to address the 
issue. A certain type of data or content in communication is set equal 
to competition limitation. This then turns into the well known game: You 
can't say black, white, red, good and bad. If you do, you're 
out/sanctioned. Oh, look at the 3 colored balls, which one do you want?

The name of the game is interoperability. As long as something furthers 
interoperability, there can't be any competition limitation. Because 
interoperability substantially furthers competition.

The rest of the ID concerns very knowledgeable guidelines on the crazy 
US liability system. The discussion could benefit from making this more 
transparent.

just my 2 cents

  -- Rigo