Antitrust Provides a More Reasonable Regulatory Framework than Net Neutrality

In 2015, the Federal Communications Commission (FCC) imposed network neutrality rules on Internet Service Providers (ISPs). The rules depressed investment and harmed consumers. In 2017, the FCC started a proceeding to end net neutrality regulation. Antitrust law can address harm to innovation arising from anticompetitive acts by ISPs. Antitrust requires proof that consumers were harmed, reducing the cost of regulation. Under antitrust law, vertical agreements are tested on a case-by-case basis under the “rule of reason;” some are prohibited ex post, but only if the agreements harm consumers.