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TPI Fellows Submit Amicus Curiae brief in the United States Court of Appeals for the District of Columbia Circuit in the Mozilla v FCC Case


Brief cites academic research in support of the FCC

October 23, 2018 — In the closely-watched court case with implications for net neutrality, the TPI Fellows Tom Lenard, Sarah Oh, and Scott Wallsten submitted an Amicus Curiae brief supporting the Federal Communications Commission’s Restoring Internet Freedom order from earlier this year.

Their brief states that “the 2018 Order [repealing net neutrality rules] reflects the better economic approach to regulation of Internet access service.” The brief presents and discusses ten scholarly articles prepared for and presented at a TPI event last year. When considered together, the articles “provide a nuanced explanation of the potential effects of net neutrality rules. Collectively, the economic evidence and theory presented demonstrates that, from an economic policy perspective, the 2018 Order is the better approach to regulation of Internet access service.”

The articles, which analyze net neutrality through the lens of law and economics, discuss the history of Title I and Title II regulation, the 1996 Act, competition in the broadband sector, effects of regulation on investment, the administrative process by which the rules are promulgated, what markets tell us about anticipated effects, and other implications of federal regulation of broadband Internet service.

The articles discussed in the brief appeared recently as a special issue in the peer-reviewed economics journal Review of Industrial Organization.

A full version of the brief is available here.


Contact: Chris McGurn, 202-445-0820,

The Technology Policy Institute

The Technology Policy Institute is a non-profit research and educational organization that focuses on the economics of innovation, technological change, and related regulation in the United States and around the world. More information is available at