First, Assume a Monopoly: The Failure of Vertical Foreclosure Theory on the Never-was-Neutral Internet by Douglas A. Hass (Indiana University School of Law-Bloomington; The Skye Group)

Abstract: This paper refocuses the net neutrality debate by challenging the application of vertical foreclosure theory to today’s non-neutral Internet access and content markets. The paper finds that the current policy fascination with non-existant net neutrality is ill founded. Disclosure and a broader focus on both network and content providers’ non-neutral traffic policies would better enable the market to choose technologies and business models dynamically while still providing regulators with a potential enforcement mechanism.

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