Net neutrality: the US and Europe differ on the principle of non-discrimination

In this article, Maxwell and Curien examine the recent net neutrality decision in the US seen through the eyes of Europeans, focusing in particular on the obligation of "non-discrimination."  The new European legislative proposal would introduce a new non-discrimination obligation into European law, although the justification for this new obligation is unclear.  The article speculates that the justification is not necessarily based on market power, but rather on harm to the Internet ecosystem that would result from commercial arrangements between content providers and last-mile ISPs.  The article refers to the recent blog by Netflix CEO Reed Hastings, which illustrates some of the potential harms to the Internet ecosystem.


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