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(Why) did eu net neutrality rules overshoot the mark? internet, disruptive innovation and eu competition law & policy

Lookup NU author(s): Professor Oles Andriychuk


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© 2018, University of Warsaw. All rights reserved.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.

Publication metadata

Author(s): Andriychuk O

Publication type: Article

Publication status: Published

Journal: Yearbook of Antitrust and Regulatory Studies

Year: 2018

Volume: 11

Issue: 18

Pages: 227-239

Online publication date: 15/12/2018

Acceptance date: 25/09/2018

ISSN (print): 1689-9024

ISSN (electronic): 2545-0115

Publisher: University of Warsaw


DOI: 10.7172/1689-9024.YARS.2018.11.18.9


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