EU Competition Law, Regulation and the Internet. The Case of Net Neutrality

International Competition Law Series Volume 59

The laws and principles that exist to enforce the principle of net neutrality are complex and much debated. This new book by Katerina Maniadaki presents a thorough analysis of EU Competition Law as a tool to protect net neutrality.

Bringing clarity to the debate, EU Competition Law, Regulation and the Internet. The Case of Net Neutrality, clearly outlines the definition, principles and objectives of net neutrality, helping the reader to gain a full understanding of this complicated subject. Examining the EU Regulatory Framework, Katerina Maniadaki discusses critically the standards set by the existing case law; introduces a framework for the relevant market definition, assessment of market power and analysis of practices in markets where net neutrality violations could manifest. Practitioners, policymakers, and academics in a number of fields will greatly appreciate the depth with which this study tests the assumption that competition law can address the issues raised by net neutrality, and to what extent.

The analysis focuses on the case law of the CoJ, Commission decisions, and soft-law instruments, and also attends to relevant policy documents, including work by BEREC. EU Competition Law, Regulation and the Internet. The Case of Net Neutrality contains a full bibliography to support further research.

Issues and topics examined include:

• blocking;

• traffic management;

• quality of service;

• preferential treatment of specific (types of) content;

• congestion management and capacity planning and provisioning;

• interconnection agreements among operators;

• application of the antitrust doctrines on refusals to deal, non-discrimination and unfair pricing;

• relevant market definition and assessment of market power;

• scope of the EU Regulatory Framework for Electronic Communications;

• incentives of market players to invest and innovate;

• pluralism on the Internet;

• the aims of competition law enforcement;

• application of competition law to the “new economy”;

• “search neutrality”; and

• behavioural biases and regulation.

EU Competition Law, Regulation and the Internet. The Case of Net Neutrality brings clarity and comprehension to the important area of net neutrality. Katerina Maniadaki’s considered approach of the role of EU Competition Law provides essential guidance to the assumption that competition law can address these issues and to what extent.