Net Neutrality in the EU: Unresolved Issues Under the New Regulation

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).