The EU Debate on Net Neutrality: What About Zero-Rating?

21(5) COMPUTER AND TELECOMMUNICATIONS LAW REVIEW, 2015, 115-119.

9 Pages Posted: 30 Jun 2017

See all articles by Federico Marini Balestra

Federico Marini Balestra

Independent

Riccardo Tremolada

Harvard University, Law School, Students; Cleary Gottlieb Steen & Hamilton LLP; gLAWcal - Global Law Initiatives for Sustainable Development

Date Written: June 2015

Abstract

The debate over network neutrality (‘net neutrality’) is moving into the realm of the concrete. New issues are already challenging regulators and antitrust authorities. Among them, one recently gained momentum: “zero-rating”, i.e., a type of positive price discrimination, resulting in operators not charging end-users for accessing data volume linked to specific applications or internet services. According to some National regulators zero-rating is unlawful as de facto it could discriminate independent content but, at least in Europe, we miss guidance at the EU level. In our view, it is at the very least debatable that punishing a company for offering free data access or lower prices is beneficial to consumers.

Keywords: Comparative law; EU law; Internet service providers; Net neutrality; Price discrimination; United States; Zero rating.

Suggested Citation

Marini Balestra, Federico and Tremolada, Riccardo, The EU Debate on Net Neutrality: What About Zero-Rating? (June 2015). 21(5) COMPUTER AND TELECOMMUNICATIONS LAW REVIEW, 2015, 115-119., Available at SSRN: https://ssrn.com/abstract=2994741 or http://dx.doi.org/10.2139/ssrn.2994741

Riccardo Tremolada (Contact Author)

Harvard University, Law School, Students ( email )

1563 Massachusetts Avenue
Cambridge, MA 02138
United States

Cleary Gottlieb Steen & Hamilton LLP ( email )

Washington DC, NY 10006
United States

gLAWcal - Global Law Initiatives for Sustainable Development ( email )

52 East Quay, Wapping Quay
Liverpool, L3 4BU
United Kingdom

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