Economics, Experts, and Federalism in Mozilla v. FCC

The seemingly interminable wait for the Court’s decision in Mozilla v. FCC is finally at an end. In its 186-page decision, the Court described how it considered economic concepts, arguments, and expert reports. It upheld the Federal Communications Commission’s 2018 Order but rejected its claimed preemption authority. As we have learned, the net neutrality debates will never die, but they may now change venue.