Abstract:
This thorough analysis of the subject demonstrates that, irrespective of how the EU sector-specific framework on net neutrality develops, competition law remains one of the tools available to regulators in order to address practices that might result in the unequal treatment of online content. The question then arises of what EU competition law, and in particular the prohibition of Article 102 TFEU, can contribute to the preservation of net neutrality. The author clearly identifies the issues that this question gives rise to and discusses the principles under which they should be addressed. Discussing critically the standards set by the existing case law, she introduces a framework for the relevant market definition, assessment of market power and analysis of practices in markets where net neutrality violations could manifest. In so doing, the author addresses a number of much broader questions surrounding the application of EU competition law to the “new economy.”