Net neutrality as a competition law problem
| Autoři | |
|---|---|
| Rok publikování | 2015 |
| Druh | Další prezentace na konferencích |
| Fakulta / Pracoviště MU | |
| Citace | |
| Popis | Net neutrality is a common topic of study among ICT law scholars. Through the years of discussion, two main ways of understanding net neutrality have emerged. The first way understands the issue as a freedom of expression problem and tends to view it from the general constitutional and human rights standpoint. The second way of understanding net neutrality that I want to present in my article is that of competition law. After a due consideration, we can see that many of the negative effects of a non-net neutral Internet are limited in certain market situations. In my article, I will assess the concept of net neutrality from European competition law standpoint. I will identify market situations that could enable, support or even amplify the negative effects of non-neutral Internet. I will also attempt to find market situations, where such negative effects are most limited. Transitional phases between these two extreme market situations will also be studied. The outcome of this article will answer the question, whether net neutrality is the only or most effective way of reaching the results it sets out for itself. I also intend to provide a competition law qualification of a non-net neutral ISPs conduct. |
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