Frank Maier-Rigaud, Aug 30, 2011
Overall, the regulatory and competition issues surrounding the question of internet traffic prioritization are far from solved and the debate is far from being over. A division of labor between appropriate ex ante (mainly access) regulation that generates and fosters functioning broadband competition-possibly also regulating traffic-shaping methods not aimed at addressing congestion issues-and effective ex ante merger enforcement combined with ex post competition law enforcement focusing on abuses of market power may be the right mix capable of addressing potential consumer harm in broadband internet use.