Some academics opposed to Title II reclassification and a ban on paid prioritization, including Christopher Yoo of the University of Pennsylvania and Hal Singer from Georgetown, have asked the Federal Trade Commission to warn the FCC off of going in that direction.
In a letter to the agency, they argue that the FCC's and White House's apparent goal of prohibiting paid prioritization would amount to a per se ban on those agreements by "truncating the factual analysis needed to condemn such agreements" or setting an unrebuttable presumption against them.
They say that neither the record nor "basic economics" supports that approach, and that the FTC should warn the FCC on the potential impact.
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