O’Donoghue and Pascoe on Net Neutrality in the EU

Robert O’Donoghue and Tom Pascoe, both of Brick Court Chambers, have published Net Neutrality in the EU: Unresolved Issues Under the New Regulation. Here is the abstract.

This article explores some of the key issues that are likely to arise under Regulation (EU) 2015/2120 (“the Net Neutrality Regulation”), including the meaning of “necessity” and “detriment” under Article 3(5) of the Regulation, the scope of the prohibition on “commercial considerations”, and the relationship between providers’ rights to provide optimised services under Article 3(5) and their right to apply reasonable traffic management measures under Article 3(3).

Download the article from SSRN at the link.