ICT4D Blog

OII SDP 2007 (XV): Ex ante or ex post Control: Net Neutrality in Europe

Student research seminar: María Gómez Rodríguez

In 2009-2010, the European communications framework will be modified, so that I would like to analyze the different possibilities to approach the control over access and over Internet service providers in Europe, mainly: (i) regulation and (ii) antitrust. The EU communications framework has been a solid base to implement regulation in the member States, however the real implementation of the framework has been dysfunctional, long and, in some cases, not correctly harmonized. The Internet and the telecommunication networks are essential facilities, thus antitrust authorities have jurisdiction to dictate measures to solve any abuse of these essential facilities. Therefore the net neutrality debate in Europe it can be constructed as a continuation of the European broadband jurisprudence, avoiding the problems telecommunication regulation has carried.

New context

European regulation evolution

The debate: Internet as a free and anarchic phenomenon vs. Internet as a substantial capital investment

Justified governmental intervention to asure the best use of networks
Jurisprudence conflicts and harmonization difficulties.

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