Pub Date : 2022-06-01DOI: 10.1177/17835917221106699
J. Dutra, M. Finger
{"title":"Regulation of Network Industries in Brazil","authors":"J. Dutra, M. Finger","doi":"10.1177/17835917221106699","DOIUrl":"https://doi.org/10.1177/17835917221106699","url":null,"abstract":"","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41916000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-23DOI: 10.1177/17835917221102892
Diogo Lisbona Romeiro, L. Amorim
The natural gas industry in Brazil has undergone three waves of reforms since the late 1990s regarding liberalization and market opening. The gas law approved in 2021 reinforces the unbundling between transport and commercialization of natural gas and guarantees third-party access to essential infrastructure. The new legal framework achieves the vertical separation of upstream and midstream segments but does not reach the downstream segment subject to state regulations. The exit of the incumbent (Petrobras) from the network segments opens space for new entrants, but may remain with a high commercialization share. Vertical and horizontal integration in the distribution segment can compromise this industry’s restructuring. This article identifies three possible scenarios for the evolution of liberalization after the last reform. A successful path will depend on the implementation and enforcement of the new gas law, on adequate economic signals for network and consumption expansion, on harmonization of state regulations, and on the effective opening for the construction of a national gas market. The role of natural gas in Brazil’s energy transition is still an open issue that will affect the industry’s evolution in the coming years.
{"title":"Waves of regulatory reforms and winds of uncertainties in the Brazilian natural gas industry","authors":"Diogo Lisbona Romeiro, L. Amorim","doi":"10.1177/17835917221102892","DOIUrl":"https://doi.org/10.1177/17835917221102892","url":null,"abstract":"The natural gas industry in Brazil has undergone three waves of reforms since the late 1990s regarding liberalization and market opening. The gas law approved in 2021 reinforces the unbundling between transport and commercialization of natural gas and guarantees third-party access to essential infrastructure. The new legal framework achieves the vertical separation of upstream and midstream segments but does not reach the downstream segment subject to state regulations. The exit of the incumbent (Petrobras) from the network segments opens space for new entrants, but may remain with a high commercialization share. Vertical and horizontal integration in the distribution segment can compromise this industry’s restructuring. This article identifies three possible scenarios for the evolution of liberalization after the last reform. A successful path will depend on the implementation and enforcement of the new gas law, on adequate economic signals for network and consumption expansion, on harmonization of state regulations, and on the effective opening for the construction of a national gas market. The role of natural gas in Brazil’s energy transition is still an open issue that will affect the industry’s evolution in the coming years.","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49515423","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-16DOI: 10.1177/17835917221077915
Edson Gonçalves, Morganna Werneck Capodeferro, Juliana Jerônimo Smiderle, Pedro H. Engel Guimarães
This paper assesses the sustainability of Brazilian’s water and sanitation state-owned companies’ services. The assessment was conducted based on the selection of six indicators reflecting three of the sustainability dimensions: social, economic, and environmental. We built a global sustainability index by adopting the MACBETH multicriteria analysis methodology, which aggregates the dimensions of sustainability with their respective indicators. As main result we found that two companies were considered sustainable in each of the three assessed dimensions of sustainability, and that three companies were globally sustainable according to the methodology applied in this study. Setting sustainability targets and increasing regulatory enforcement leads to improved services performance. Further, sustainable sanitation services bring us closer to achieving the national targets for universal access and Sustainable Development Goal 6 established by the United Nations.
{"title":"Sustainability of water and sanitation state-owned companies in Brazil","authors":"Edson Gonçalves, Morganna Werneck Capodeferro, Juliana Jerônimo Smiderle, Pedro H. Engel Guimarães","doi":"10.1177/17835917221077915","DOIUrl":"https://doi.org/10.1177/17835917221077915","url":null,"abstract":"This paper assesses the sustainability of Brazilian’s water and sanitation state-owned companies’ services. The assessment was conducted based on the selection of six indicators reflecting three of the sustainability dimensions: social, economic, and environmental. We built a global sustainability index by adopting the MACBETH multicriteria analysis methodology, which aggregates the dimensions of sustainability with their respective indicators. As main result we found that two companies were considered sustainable in each of the three assessed dimensions of sustainability, and that three companies were globally sustainable according to the methodology applied in this study. Setting sustainability targets and increasing regulatory enforcement leads to improved services performance. Further, sustainable sanitation services bring us closer to achieving the national targets for universal access and Sustainable Development Goal 6 established by the United Nations.","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43761242","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-21DOI: 10.1177/17835917221088765
J. Dutra, Flavio Menezes
This article summarizes key changes in market and regulatory governance arrangements in the electricity sector in Brazil over the last three decades. The Brazilian reform process during this period can be described as a series of attempts to move toward a market-driven system, interrupted by ad hoc interventions of a political nature or to respond to specific crises. This series of events reveals the pathway of a system that managed to significantly expand and diversify its electricity power mix by harnessing its renewable endowment. The historical role played by hydropower plants with reservoirs—along with a highly integrated electricity system—in smoothing production over time has been considerably diminished and will continue to be as climate change takes its toll. Thus, improvements in market and governance arrangements are required to promote a more diverse electricity mix, with variable renewable energy and demand management playing much more significant roles.
{"title":"Energy Transition in the Brazilian Electric Power System","authors":"J. Dutra, Flavio Menezes","doi":"10.1177/17835917221088765","DOIUrl":"https://doi.org/10.1177/17835917221088765","url":null,"abstract":"This article summarizes key changes in market and regulatory governance arrangements in the electricity sector in Brazil over the last three decades. The Brazilian reform process during this period can be described as a series of attempts to move toward a market-driven system, interrupted by ad hoc interventions of a political nature or to respond to specific crises. This series of events reveals the pathway of a system that managed to significantly expand and diversify its electricity power mix by harnessing its renewable endowment. The historical role played by hydropower plants with reservoirs—along with a highly integrated electricity system—in smoothing production over time has been considerably diminished and will continue to be as climate change takes its toll. Thus, improvements in market and governance arrangements are required to promote a more diverse electricity mix, with variable renewable energy and demand management playing much more significant roles.","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48509291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-12DOI: 10.1177/17835917221087897
F. Camacho, C. Cruz
The existing stock of road infrastructure in Brazil is still suboptimal and presents a bottleneck for economic growth. Concessions are being used to leverage the development and delivery of road infrastructure, although the first concessions have experienced some difficulties. Based on past lessons, Brazil has revised the regulatory framework and concessions models, by acting at three main critical success factors: creating a clear and transparent regulatory framework, improving procurement rules to ensure a more effective search for the “right” partner (and filtering opportunistic investors), and, finally, establishing a more effective risk-sharing strategy, providing the right incentives to mitigate delays and contractual breach, while increasing the bankability and overall project’s quality. This paper provides an overview of these changes and provides valuable lessons for academics and practitioners involved in concession design and management, particularly, in the road sector.
{"title":"Toll road sector in Brazil: Regulation by contract and recent innovations","authors":"F. Camacho, C. Cruz","doi":"10.1177/17835917221087897","DOIUrl":"https://doi.org/10.1177/17835917221087897","url":null,"abstract":"The existing stock of road infrastructure in Brazil is still suboptimal and presents a bottleneck for economic growth. Concessions are being used to leverage the development and delivery of road infrastructure, although the first concessions have experienced some difficulties. Based on past lessons, Brazil has revised the regulatory framework and concessions models, by acting at three main critical success factors: creating a clear and transparent regulatory framework, improving procurement rules to ensure a more effective search for the “right” partner (and filtering opportunistic investors), and, finally, establishing a more effective risk-sharing strategy, providing the right incentives to mitigate delays and contractual breach, while increasing the bankability and overall project’s quality. This paper provides an overview of these changes and provides valuable lessons for academics and practitioners involved in concession design and management, particularly, in the road sector.","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48544091","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.1177/17835917211064920
Koen De Winne
The objective of this article is to discuss the feasibility and implementation of an agent-based computational framework for game-theoretical port competition. There are many different determinants which influence the competitive position of a seaport at any time. And as a consequence of this complexity, simple calculations or solution methods are not possible. This article elaborates a generic and modular framework for modeling and simulating the competition between multiple, heterogeneous port players. First, the article briefly detects some elements that are useful and necessary to develop a meaningful agent-based framework. Priority elements are determined and it is considered which elements can be passed on to extensions of the framework. Second, some important aspects of the application of the agent-based methodology for the port sector are explained. Third, a limited number of examples of modules of the proof of concept are developed. Particular attention is paid to the modularity and extensibility of the agent-based framework in order to allow the users of the framework to fine-tune the choices in their simulation model. Finally, in a fourth part of this article, recommendations are formulated for the further development and enrichment of the framework.
{"title":"Simulation-Based Port Competition: Feasibility and Implementation of an Agent-Based Framework","authors":"Koen De Winne","doi":"10.1177/17835917211064920","DOIUrl":"https://doi.org/10.1177/17835917211064920","url":null,"abstract":"The objective of this article is to discuss the feasibility and implementation of an agent-based computational framework for game-theoretical port competition. There are many different determinants which influence the competitive position of a seaport at any time. And as a consequence of this complexity, simple calculations or solution methods are not possible. This article elaborates a generic and modular framework for modeling and simulating the competition between multiple, heterogeneous port players. First, the article briefly detects some elements that are useful and necessary to develop a meaningful agent-based framework. Priority elements are determined and it is considered which elements can be passed on to extensions of the framework. Second, some important aspects of the application of the agent-based methodology for the port sector are explained. Third, a limited number of examples of modules of the proof of concept are developed. Particular attention is paid to the modularity and extensibility of the agent-based framework in order to allow the users of the framework to fine-tune the choices in their simulation model. Finally, in a fourth part of this article, recommendations are formulated for the further development and enrichment of the framework.","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45044918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.1177/17835917221082510
Juan J. Montero, Rodolfo Ramos Melero
Congestion in infrastructure capacity is a barrier to entry to markets under liberalization. The Spanish rail infrastructure manager, ADIF AV, has implemented an innovative model to reduce such a barrier. ADIF AV optimized capacity by defining the schedule with the most efficient use of tracks, building packages with such track capacity and putting them for tender. Three railway undertakings, the incumbent and two newcomers, will compete in the high-speed market, increasing at least 55% the number of services. This model can be exported to other countries reforming the rail sector.
{"title":"Competitive tendering for rail track capacity: The liberalization of railway services in Spain","authors":"Juan J. Montero, Rodolfo Ramos Melero","doi":"10.1177/17835917221082510","DOIUrl":"https://doi.org/10.1177/17835917221082510","url":null,"abstract":"Congestion in infrastructure capacity is a barrier to entry to markets under liberalization. The Spanish rail infrastructure manager, ADIF AV, has implemented an innovative model to reduce such a barrier. ADIF AV optimized capacity by defining the schedule with the most efficient use of tracks, building packages with such track capacity and putting them for tender. Three railway undertakings, the incumbent and two newcomers, will compete in the high-speed market, increasing at least 55% the number of services. This model can be exported to other countries reforming the rail sector.","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42307000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.1177/17835917221087167
J. Guillen
The process of European Union(EU) rail market liberalisation is now at a tipping point, with the fourth railway package approved by the European Parliament and Commission and the Member States that have to embed its mandates and provisions into their national legislation. To a large extent, this has already been achieved. The railway package is structured in two main pillars – market pillar and technical pillar – with specific objectives. My paper will focus on the market pillar, particularly on the new challenges that the liberalisation of the EU passenger rail market will generate on public service contracts in effect as of 2023. The establishment of the single European railway area requires common rules on the award of public service contracts in this sector, while taking into account the specific circumstances of each Member State. Public service contracts for public passenger transport services by rail should be awarded on the basis of a competitive tendering procedure. Procedures for competitive tendering of public service contracts should be open to all operators, should be fair and should respect the principles of transparency and non-discrimination. This paper will analyse the new legal challenges that public service contracts in railway transport will encounter and what their impact will be on the process of liberalisation or the EU passenger rail market.
{"title":"The liberalisation of the European Union passenger rail market: New challenges for future public service contracts","authors":"J. Guillen","doi":"10.1177/17835917221087167","DOIUrl":"https://doi.org/10.1177/17835917221087167","url":null,"abstract":"The process of European Union(EU) rail market liberalisation is now at a tipping point, with the fourth railway package approved by the European Parliament and Commission and the Member States that have to embed its mandates and provisions into their national legislation. To a large extent, this has already been achieved. The railway package is structured in two main pillars – market pillar and technical pillar – with specific objectives. My paper will focus on the market pillar, particularly on the new challenges that the liberalisation of the EU passenger rail market will generate on public service contracts in effect as of 2023. The establishment of the single European railway area requires common rules on the award of public service contracts in this sector, while taking into account the specific circumstances of each Member State. Public service contracts for public passenger transport services by rail should be awarded on the basis of a competitive tendering procedure. Procedures for competitive tendering of public service contracts should be open to all operators, should be fair and should respect the principles of transparency and non-discrimination. This paper will analyse the new legal challenges that public service contracts in railway transport will encounter and what their impact will be on the process of liberalisation or the EU passenger rail market.","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44304040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.1177/17835917221082935
J. T. M. Machado, B. Flynn, Ian O. Williamson
In recent years, many European states have begun heavily investing in hydrogen (H2) technologies and as of July 2021, several have published detailed national hydrogen strategies. Nonetheless, it is evident there are emerging differences between these states regarding the scale, ambition and sophistication of their H2 plans. Such strategies also have implications for existing energy regimes that remain strongly dependent on fossil fuels alongside greater integration of renewables. Emerging H2 firms and technologies further disturb energy policies by either requiring a partly new, or at least modified, European energy infrastructure. Will such changes produce commercially dominant H2 businesses that could distort the broader energy market and confer a leading position upon a few countries and firms? There is also uncertainty over whether H2 technologies will support renewables by providing a ready means of energy storage, or whether investment in hydrogen could, paradoxically, displace some of the commercial interest in renewables. Finally, questions have been posed about the green credentials of H2 technologies. There are significant differences in how hydrogen is generated and much debate about the hydrogen colours. This paper employs a comparative analysis of three European national hydrogen strategies, offering a contrast between Germany, the UK and Portugal. The interaction between these and the EU level is mapped. Also explored is whether the various national styles favour more cooperative or competitive policy-making. The comparison with the UK allows us to explore some impacts Brexit may have on British H2 ambitions. To interpret these strategies, we employ the Multi-Level Perspective on energy transitions, which focuses on how different actors have a variable influence at mutually reinforcing levels of policymaking (niches, regime and landscape). These include EU institutions, national governments and agencies. Energy and technology firms and research networks are also crucial. We draw attention to several fundamental regulatory challenges that H2 strategies raise. Also highlighted are differences and similarities between countries and the wider possible trajectories for future hydrogen development.
{"title":"The national shaping of Europe’s emerging hydrogen strategies: Cooperative or competitive hydrogen Politics?","authors":"J. T. M. Machado, B. Flynn, Ian O. Williamson","doi":"10.1177/17835917221082935","DOIUrl":"https://doi.org/10.1177/17835917221082935","url":null,"abstract":"In recent years, many European states have begun heavily investing in hydrogen (H2) technologies and as of July 2021, several have published detailed national hydrogen strategies. Nonetheless, it is evident there are emerging differences between these states regarding the scale, ambition and sophistication of their H2 plans. Such strategies also have implications for existing energy regimes that remain strongly dependent on fossil fuels alongside greater integration of renewables. Emerging H2 firms and technologies further disturb energy policies by either requiring a partly new, or at least modified, European energy infrastructure. Will such changes produce commercially dominant H2 businesses that could distort the broader energy market and confer a leading position upon a few countries and firms? There is also uncertainty over whether H2 technologies will support renewables by providing a ready means of energy storage, or whether investment in hydrogen could, paradoxically, displace some of the commercial interest in renewables. Finally, questions have been posed about the green credentials of H2 technologies. There are significant differences in how hydrogen is generated and much debate about the hydrogen colours. This paper employs a comparative analysis of three European national hydrogen strategies, offering a contrast between Germany, the UK and Portugal. The interaction between these and the EU level is mapped. Also explored is whether the various national styles favour more cooperative or competitive policy-making. The comparison with the UK allows us to explore some impacts Brexit may have on British H2 ambitions. To interpret these strategies, we employ the Multi-Level Perspective on energy transitions, which focuses on how different actors have a variable influence at mutually reinforcing levels of policymaking (niches, regime and landscape). These include EU institutions, national governments and agencies. Energy and technology firms and research networks are also crucial. We draw attention to several fundamental regulatory challenges that H2 strategies raise. Also highlighted are differences and similarities between countries and the wider possible trajectories for future hydrogen development.","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43943991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-22DOI: 10.1177/17835917211068789
Raghuvansh Seth
The paper seeks to address the economic and fundamental inadequacies of ex-ante net neutrality regulations in India. The current net neutrality regulations consider the internet service provider (ISP) market in a two-sided spectrum of content and application providers (CAPs) and end-users. However, the rapidly growing internet space has undergone numerous developments in recent years, giving rise to complexities such as vertical partnerships between the ISPs, CAPs and OTT service providers, the use of content delivery networks (CDNs) for the last mile, deployment of 5G on mobile devices, etc. The main hypothesis is that the ex-ante net neutrality regulations lack the tools to combat modern problems with their antiquated approach and measures. Accordingly, to analyse this proposition, the paper considers the existent literature on the fundamental aspects of net neutrality norms, and juxtaposes the economic and empirical findings from a post‐net neutrality regulation stance. The findings reveal that net neutrality measures that prohibit paid-prioritisation and zero-rating services lead to economic inefficiencies. Further, the restrictive net neutrality measures hamper investment and innovation in the market and fall short in dealing with vertical integration and the use of CDNs. Hence, to promote competition and protect net neutrality, especially in the lower layers of the ISP market, the paper recommends measures such as digital dynamism and transparency rules and studies the role of ex-post competition regulations in aiding net neutrality.
{"title":"Fleeting neutrality: The inadequacies of the ex-ante net neutrality regulations in India","authors":"Raghuvansh Seth","doi":"10.1177/17835917211068789","DOIUrl":"https://doi.org/10.1177/17835917211068789","url":null,"abstract":"The paper seeks to address the economic and fundamental inadequacies of ex-ante net neutrality regulations in India. The current net neutrality regulations consider the internet service provider (ISP) market in a two-sided spectrum of content and application providers (CAPs) and end-users. However, the rapidly growing internet space has undergone numerous developments in recent years, giving rise to complexities such as vertical partnerships between the ISPs, CAPs and OTT service providers, the use of content delivery networks (CDNs) for the last mile, deployment of 5G on mobile devices, etc. The main hypothesis is that the ex-ante net neutrality regulations lack the tools to combat modern problems with their antiquated approach and measures. Accordingly, to analyse this proposition, the paper considers the existent literature on the fundamental aspects of net neutrality norms, and juxtaposes the economic and empirical findings from a post‐net neutrality regulation stance. The findings reveal that net neutrality measures that prohibit paid-prioritisation and zero-rating services lead to economic inefficiencies. Further, the restrictive net neutrality measures hamper investment and innovation in the market and fall short in dealing with vertical integration and the use of CDNs. Hence, to promote competition and protect net neutrality, especially in the lower layers of the ISP market, the paper recommends measures such as digital dynamism and transparency rules and studies the role of ex-post competition regulations in aiding net neutrality.","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48689813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}