People and businesses in the U.S. that paid to renew a .com domain since September 4, 2022 may be covered by a proposed class action alleging Verisign and ICANN used the .com Registry Agreement to keep .com prices above competitive levels. No class has been certified and there is nothing to file yet.
This article describes a class action complaint. The statements below are unproven allegations. Verisign and ICANN have not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
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The proposed classes are defined by who paid for a .com renewal, not by which registrar sold it. The complaint says every .com registration and renewal runs through the Verisign registry and that registrars pass the wholesale fee through to customers. Registrars accredited by ICANN are themselves excluded from the classes. No class has been certified.
The federal antitrust claims are brought for a nationwide class that seeks an injunction, which would change the .com contract terms going forward. Money damages are sought for a California class under California antitrust, unfair competition, unjust enrichment and consumer protection laws. The complaint does not explain the choice; the classes can change as the case proceeds.
Not entirely. Verisign alone is accused of monopolizing the .com registry services market. ICANN is named with Verisign on the claims that the .com Registry Agreement unreasonably restrains trade and that the two conspired to monopolize the market, and the complaint alleges ICANN shares in the monopoly profits. These are allegations; neither has filed a response in court.
The complaint asks the court to bar Verisign and ICANN from enforcing the contract provisions that prevent ICANN from setting or limiting the wholesale price of .com registry services, and asks for damages, trebled where state law allows, for the California class. Any change would depend on the court’s rulings or a settlement.