Network Neutrality in the EU

Abstract

This paper seeks to assess exactly where and how the network neutrality discussion taking place in the United States is relevant in the EU context, and thus where Europeans should be concerned. Secondly, where there is a concern, it looks to EC law to ascertain whether it already provides a response or whether further action at the legislative or regulatory level would be needed. The paper tackles three contentious issues of the net neutrality debate: discrimination, blocking user access to content and access-tiering. It does so by first singling out the markets affected by such practices, then analysing the competitive situation therein and finally discussing EC law response to the concerns thus identifies. Moreover, the analysis is put in the perspective of the more general discussions surrounding the appropriate infrastructure policy in the EU.

Keywords: Network Neutrality, Internet Governance, European Union, Infrastructure policy, Competition Law

JEL Classification: K21, K23, L51, L86