The US Court of Appeals for the D.C. Circuit Court questions the FCC on ’Net Neutrality’ suggesting antitrust framework (Verizon)

One of the most-anticipated cases of the year heard oral argument on September 9. Verizon appealed the FCC’s Open Internet Order (the agency’s Net Neutrality rules) to the D.C. Circuit. The case raises a number of interesting questions about competition policy, specifically, the interplay between the goals of antitrust law and common carrier regulation. The oral argument suggests that the case — Verizon v. FCC [1] — is likely to turn on whether the Order impermissibly imposes common carrier regulation on broadband ISPs. Over an extraordinary two-hour session, [2] Judges Tatel and Silberman asked a barrage of questions that suggest they will likely apply the same test used in an earlier case upholding the FCC’s data roaming rule to strike down at least the “non-discrimination” rule at the

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Authors

  • International Center for Law & Economics (Portland)
  • International Center for Law & Economics (Portland)

Quotation

Geoffrey Manne, Ben Sperry, The US Court of Appeals for the D.C. Circuit Court questions the FCC on ’Net Neutrality’ suggesting antitrust framework (Verizon), 9 September 2013, e-Competitions September 2013, Art. N° 57718

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