MAR-12(2)

We’re dealing with the world of technology this issue; in particular, a thorny issue that continuously rears its head—network neutrality. There is a lot of divisiveness around this issue—between the U.S. and EU regulatory approaches, between operators and legislators, between those who long for the original purity of the internet and those who forecast where networks are taking us. To help clear out some of the underbrush, we’ve assembled a crack team of experts to both explain the issues and weigh in on the debates.

In addition we have two Of Special Interest articles.The first deals with the beginning of what may be many changes in competition policy regulation in Italy—with Mario Monti as President, many things could happen. The second continues the debate on corporate compliance, with a counter-argument to a DG Comp paper we published last month.

Network Neutrality

Timothy Brennan, Mar 29, 2012

Network Neutrality or Minimum Quality? Barking Up the Wrong Tree and Finding the Right One

A focus on market power, with net neutrality as the solution, brings the wrong remedy to the wrong problem. Tim Brennan (Univ. of Maryland, Baltimore County)

Kevin Coates, Mar 30, 2012

Network Neutrality & Antitrust

The debate is often confused by proponents and opponents of network neutrality talking about rather different things. Kevin Coates (DG Comp)

Gerald Faulhaber, Mar 29, 2012

Solving Net Neutrality: Regulation, Antitrust, Or More Competition

The regulatory net neutrality cure will certainly be worse than the imagined disease it is meant to treat. Gerald Faulhaber (Wharton, Univ. of Pa.)

Jan Kramer, Christof Weinhardt, Lukas Wiewiorra, Mar 29, 2012

Net Neutrality in the United States and Europe

We look behind the rationale of three violations of NN and discuss whether they are specific to the U.S. internet market, or whether they apply in Europe as well. Jan Krmer, Lukas Wiewiorra, & Christof Weinhardt (KIT)

Frank Maier-Rigaud, Mar 30, 2012

Traffic Management: The Respective Roles of Competition Law and Regulation

The network neutrality debate fundamentally centers on the question of how packet inspection technology can be used and, more specifically, if data packet inspection should be used to differentiate price and or quality. Frank Maier-Rigaud (OECD)

Of Special Interest

Stefano Grassani, Mar 29, 2012

Italy Overhauls its Merger Control Filing Fee System

Italy has abandoned a regime that had drawn bitter criticism among practitioners and companies alike. Stefano Grassani (Pavia e Ansaldo)

Joseph Murphy, Mar 29, 2012

Does Compliance Really Matter to DG Comp?

DG Comp says Compliance Matters but, regrettably, not to DG Comp. Joe Murphy (CCEP)