Summary

  • Program procedures through applicable CPE and auction are the permissible route for resolving contention; private auctions and joint ventures are prohibited.
  • The communication restriction covers applicants, agents and affiliates in the same contention set, including public and indirect disclosures.

ICANN’s 2026 Applicant Guidebook does not leave contention-set resolution to private bargaining. Arrangements designed to resolve contention privately, including private auctions and joint ventures, are prohibited.

The boundary starts on Reveal Day

Applicants in the same contention set may not communicate directly or indirectly about their contending applications, string strategies or strategies to resolve contention. The rule starts on Reveal Day and ends at the earlier of a prevailing applicant signing a Registry Agreement for the string or the relevant applicant withdrawing.

The Guidebook expressly includes public disclosures within indirect or direct communications. Examples of prohibited conduct include offering value for withdrawal and negotiating settlement or post-auction transfer arrangements for contending strings.

Exceptions are narrow, not empty

Communications with professional advisers, specified government engagement and routine business unrelated to contending strings can remain possible. Applicants must take commercially reasonable steps to prevent third parties from becoming intermediaries that disclose application or portfolio information to another applicant.

Certification follows the conduct

Before signing a Registry Agreement or withdrawing, applicants must certify compliance. They must promptly disclose potential violations and cooperate with an ICANN inquiry. The Guidebook lists consequences that can include disqualification, fee forfeiture, denial of refunds, financial penalties and legal action; ICANN may also report violations to relevant authorities.

BTW recommends mapping people, affiliates, advisers, subjects and channels before Reveal Day, then recording permitted purpose and disclosure controls for each communication. This is editorial advice, not an ICANN requirement.

Sources