Amid the ongoing discussion surrounding “net neutrality,” the FTC’s role in overseeing broadband Internet access service (BIAS) has received increasing scrutiny following the recent passage of the FCC’s Restoring Internet Freedom Order (“RIF Order”). Several recent developments indicate that, although the Federal Communications Commission (FCC) will continue to have a shared role in monitoring broadband markets, the Federal Trade Commissions (FTC) will take the lead in investigating and bringing enforcement actions against Internet Service Providers (ISPs) for practices that raise anticompetitive concerns. Therefore, commercial stakeholders should pay careful attention to the potential for antitrust enforcement in broadband markets moving forward.
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