Net Neutrality in the EU: Unresolved Issues Under the New Regulation

13 Pages Posted: 17 Mar 2016

Date Written: March 15, 2016

Abstract

This article explores some of the key issues that are likely to arise under Regulation (EU) 2015/2120 ("the Net Neutrality Regulation"), including the meaning of "necessity" and "detriment" under Article 3(5) of the Regulation, the scope of the prohibition on "commercial considerations", and the relationship between providers' rights to provide optimised services under Article 3(5) and their right to apply reasonable traffic management measures under Article 3(3).

Keywords: Net neutrality, telecommunications, Regulation 2015/2120, open internet, traffic management

Suggested Citation

O'Donoghue, Robert and Pascoe, Tom, Net Neutrality in the EU: Unresolved Issues Under the New Regulation (March 15, 2016). Available at SSRN: https://ssrn.com/abstract=2741173 or http://dx.doi.org/10.2139/ssrn.2741173

Robert O'Donoghue

Brick Court Chambers

7 - 8 Essex St.
London, WC2R 3LD
United Kingdom

Tom Pascoe (Contact Author)

Brick Court Chambers ( email )

7 - 8 Essex St.
London, WC2R 3LD
United Kingdom

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