Os acordos de zero-rating e seus impactos concorrenciais: os limites da regulação da neutralidade de rede

Abstract

This article analyzes the interface between the network neutrality and the Competition Law, based on the zero-rating agreements. The paper presents an interdisciplinary approach, using insights from both Law and Economy, with the intent to better explore the consequences of network neutrality in businesses conducted over the internet. In this context, this paper is divided into three sections. In the first section, the economics of network neutrality are analyzed, exposing the different interpretations of network neutrality and their relations to the costs of maintaining and expanding the physical network. In the second part, a study is made of the legislative debates that occurred during the passing of the “Brazilian Civil Framework for the Internet“, in order to better understand the political aspect of the law. In the third and final section, the practice of zero-rating is analyzed, under both network neutrality and Competition Law paradigms.