ISP Regulation and Antitrust: The Case for Better Competition

Abstract

This Note firstly discusses net neutrality and ISP regulations broadly– do we see it as a commerce issue, a government regulation issue, a data fairness issue, or even a human rights issue? And if we decide that ISPs must be regulated, what type of antitrust regulation will be most effective? This Note takes a comparative look at Internet regulations around the world, examining both the development of broadband infrastructures and the antitrust laws (or lack thereof) of such countries. This Note ultimately concludes that the current antitrust regime in the United States will not be able to be enforced so as to break up the regional monopolies and duopolies built by the broadband companies. This Note suggests two ways to resolve the issue of concentration of broadband companies in the United States – either through a behavioral antitrust remedy and accompanying legislation, or a more radical alternative which would involve the separation of infrastructure management from the broadband industry.