Abstract
The combination of Federal Communications Commission (FCC) regulations and Supreme Court decisions have created a circular regulatory regime wherein the FCC is the sole authority for making determinations regarding broadband internet services as well as the deferential authority for broadband competition and the result is people are left without legal recourse. The FCC determines the classification of broadband network services, which companies are allowed to provide said services, the amount of enforcement authority that will be enacted regarding those providing broadband services, and, in the event that a regional monopoly service provider takes any anticompetitive action, the FCC is also the sole authority to determine the appropriate response. This paper examines how the FCC, along with two decisions of the Supreme Court of the United States, Verizon Communications, Inc. v. Law offices of Curtis V. Trinko, LLP and Credit Suisse Securities (USA) LLC v. Billing. have created a market where all decisions regarding the regulation of broadband networks are deferred to the regulatory agency and restrict legal recourse for citizens that wish to pursue a claim under antitrust laws. Further, this paper will examine what the legal landscape would look like if there were Congressional action to overturn Trinko and Credit Suisse as envisioned in the recently published House Majority Staff Report on antitrust.
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