Assessment of Net Neutrality Regulations and Traffic Management Activities In Mobile Communications From The Perspective Of Competition Law

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Balcioglu Selçuk Ardiyok Keki Attorney Partnership

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Balcioglu Selcuk Ardiyok Keki Attorney Partnership is an Istanbul based full service law firm with exceptional practices in corporate, M&A, banking and finance, real estate, energy, competition and litigation. BASEAK has gained an outstanding reputation and valued clientele by tailoring effective legal solutions to a broad spectrum of clients.
Recent debate on net neutrality exhibits a particular importance for mobile communications services.
Turkey Antitrust/Competition Law

Recent debate on net neutrality exhibits a particular importance for mobile communications services.  Mobile operators strive to decrease the substitution between their own services and the services offered by over–the-top (OTT) providers. Although recent enacted net neutrality regulations in certain countries have limited the traffic management capabilities of mobile operators, they do not completely eliminate competition infringement risks. This study assesses net neutrality regulations and traffic management activities in mobile communications from the perspective of competition law, considering the dynamics of two sided markets. Based on the practices in United States (US) and in European Union (EU), the study examines unilateral and collusive behaviors of mobile operators around the Articles 4 and 6 of the Competition Law.

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