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The future of net neutrality and zero rating in the EU after recent decisions

Publication at Faculty of Law |
2021

Abstract

On 30 April 2016, entered into force Regulation (EU) 2015/2120 (also known as Open Internet Regulation), laying down the foundation for net neutrality rules in the EU and creating an ex-ante regulation for the telecommunication services market, ensuring no discrimination for the users of the internet based upon the type of traffic. The regulation put the weight of the balancing act on NRAs (national regulatory authorities) and subsequently courts.

The author aims to comment on the significant rulings since the adoption of the regulation, mainly focusing on recent rulings from September 2020 and September 2021 of the CJEU to analyse the development the net neutrality underwent in mere five years since the adoption of Open Internet Regulation and where the regulation might head next after those rulings.