(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 64
- Downloads 0
2016 Amendment of the Czech Significant Market Power Act of 2009
he Significant Market Power Act (SMPA) adopted in 2009 regulates the assessment of, and the prevention of, the abuse of market power in the sale of agricultural and food products. The Act...
The European Competition Network in the European Administrative System: Theoretical Concerns
The public administration of the European Union (EU) is a sui generis multi-level structure under constant development. After five decades of successful functioning, the European Union still lacks a coherent and comprehe...
Energy Security as a Priority for CEE countries. Is the King Naked?
he aim of this article is to assess the implementation process of the EU energy security policy in Central and Eastern European (CEE) countries. In the EU, energy security remains a crucial issue for...
Joint and Several Liability of Competition Law Infringers in the Legislation of Central and Eastern European Member States
The study reviews the provisions of the Directive by, first, presenting its general rule – joint and several liability – and then its two exceptions, pointing out that albeit they contain similar solutions, these have di...
Annual Conference on European State Aid Law 2016. Trier (Germany), 24–25 November 2016. (conference report)
On 24–25 November 2016, the Academy of European Law (ERA) hosted in Trier the Annual Conference on European State Aid Law 2016, organised with the support of Jacques Derenne (Sheppard Mullin, Brussels...