Last week, the House Judiciary Committee’s Regulatory Reform, Commercial and Antitrust Law Subcommittee held a hearing discussing network neutrality entitled, “Net Neutrality: Is Antitrust Law More Effective Than Regulation In Protecting Consumers and Innovation?” Witnesses included FTC Commissioner Joshua Wright, Former FCC Commissioner Robert McDowell, Professor Bruce Owen from the School of Humanities and Sciences, and Professor Tim Wu from Columbia Law School.
Congressman Spencer Bachus (R-AL), Chairman of the Subcommittee, opened the hearing by explaining the intent of the hearing was not to specifically focus on any agency proposal, but rather to determine whether antitrust laws would be more effective in protecting consumers and promoting innovation. In May, the FCC proposed a federal rule trying to grapple with net neutrality and the preserving the Open Internet, however, Congress is trying to determine whether there is a different approach that would have the same result as the proposed FCC rule.
Most of the witnesses seemed to agree that antitrust law was better equipped to deal with network neutrality issues. Former FCC Commissioner McDowell explained that the successes of the internet are largely due to the Clinton administration’s decision to pursue a hands off policy with the Internet and he encouraged policymakers to be careful to not over regulate the Internet. Mr. Owen agreed and said that he believes policymakers should start with competition law, and utilize regulation if needed. However, Mr. Wu disagreed with this approach. He expressed his belief that antitrust laws are not equipped to handle the broad range of policies associated with net neutrality and that there are biases that antitrust policy cannot handle.
Over the upcoming year, federal policymakers and Members of Congress are set to debate the best approach to dealing with net neutrality and preserving the open Internet. Stay up to date on the net neutrality debate by checking out eBay Main Street.
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