The Head of the FTC Just Debunked the FCC's Favorite Excuse for Killing Net Neutrality

[CousinIT]

https://gizmodo.com/the-head-of-the-ftc-just-debunked-the-fccs-favorite-exc-1833673468

Two weeks before voting to rollback the net neutrality rules, FCC Commissioner Brendan Carr wrote an op-ed for the Washington Post in which he laid out his case for killing off the policy that ensured a free and open internet. In it, he offered up one widely-disputed argument for doing so: that blocking, throttling, and the use of so-called “fast lanes” by internet service providers would violate antitrust laws. The Federal Trade Commission (FTC), Carr wrote, would handle it. This week, the Chairman of the FTC said that’s not necessarily true.

“Reversing the FCC’s Title II decision will return the FTC to its role as a steady cop on the beat and empower it to take enforcement action against any ISP that engages in unfair or deceptive practices,” Carr wrote. “Federal antitrust laws will apply.” Carr added that if ISPs “reached agreements to act in a non-neutral manner by unfairly blocking, throttling, or discriminating against traffic, those agreements would be per se unlawful.” (Emphasis ours.)

Three days ago, however, FTC Chairman Joseph Simons—a Republican, like Carr, appointed by President Trump—publicly debunked Carr’s claim. “Blocking, throttling, or paid prioritization would not be per se antitrust violations,” he said, in a speech at the National Press Club.

Simons expanded on his view of the matter, comparing the idea of paid prioritization to that of grocery store “coupons” and “Happy Hour discounts.”