(Why) Did EU Net Neutrality Rules Overshoot the ark? Internet, Disruptive Innovation and EU Competition Law & Policy
Journal Title: Yearbook of Antitrust and Regulatory Studies - Year 2018, Vol 11, Issue 18
Abstract
This essay raises a number of theses in support for a more liberalised approach to EU Net Neutrality rules. It offers a graded system of levels of regulatory intervention, arguing that soft Net Neutrality rules are capable of meeting all positive objectives of regulation without causing the problems generated by hard Net Neutrality rules, such as those currently in place in the EU. Hard Net Neutrality rules prevent Internet Service Providers (ISPs) from making disruptive innovations. Meanwhile, they enable some Content and Application Providers (CAPs) to monopolise many markets via (disruptive) innovations, resulting in newly established dominant positions which have, in many instances, been abused. The hypothesis of the essay is that loosening the rules on Net Neutrality would create competition between ISPs and CAPs as well as (which is even more important) between different CAPs for limited premium speed traffic. Such newly established competition could remedy some antitrust conundrums faced by EU competition enforcers and sectorial regulators vis-à-vis disruptive innovators in the area of electronic communications.
Authors and Affiliations
Oles Andriychuk
Keywords
Related Articles
- EP ID EP520566
- DOI 10.7172/1689-9024.YARS.2018.11.18.9
- Views 67
- Downloads 0
The Huawei Case and Its Aftermath: a New Test for a New Type of Abuse
Competition law sets limits on the exercise of intellectual property rights by dominant companies, namely in cases involving standard essential patents (SEPs). This article will examine the framework for SEP owners’ rig...
Antitrust Aviation Seminar – Faculty of Management, University Warsaw (Poland), 12 October 2016 (conference report)
The Antitrust Aviation Seminar was held on October 12, 2016 at the Faculty of Management of University of Warsaw. The event was organized by Center for Antitrust and Regulatory Studies (CARS) of the Faculty under auspice...
Fifth National Academic Conference ‘Consumer in the Rail Passenger Market’, Łódź, 9 May 2018
On 9 May 2018, the Fifth National Academic Conference ‘Consumer in the Rail Passenger Market’ was held at the Faculty of Law and Administration of the University of Łódź (WPiA UŁ). The event was organised by the Student...
Guidance on the Limits for the Use of Restrictive Clauses in Commercial Lease Agreements – Once Again on Restrictions “by Object”.Case Comment to the Preliminary Ruling of the Court of Justiceof 26 November 2015 SIA ‘Maxima Latvija’ v Konkurences padome (Case C-345/14)
The Court of Justice (hereinafter, CJ or Court) held in case C-345/14 SIA ‘Maxima Latvija’ v Konkurences padome that the inclusion of a clause that allows a tenant to indirectly select a neighbour of adjoining...
Open Access Competition in the Long-Distance Passenger Rail Services in Poland
This paper presents evidence of the head-on open access competition which took place on the market of long-distance passenger rail services in Poland in 2009–2015. The regional governments-owned challenger managed to rai...