Traffic Management: The Respective Roles of Competition Law and Regulation

Frank Maier-Rigaud, Mar 30, 2012

The internet traffic prioritization, traffic management, or network neutrality debate (however it is labeled) fundamentally centers on the question of how packet inspection technology can be used and, more specifically, if data packet inspection should be used to differentiate price and or quality.

As most ISPs operate based on flat-rate contracts, end users typically face no incentive to constrain their use of the internet as their marginal cost for generating t