Phd in PUBLIC, COMPARATIVE AND INTERNATIONAL LAW

Thesis title: L’accesso a Internet. Tra ordinamento della concorrenza e tutela dei diritti

This thesis explores the topic of Internet access, a multifaceted subject that prompts analysis from a variety of perspectives. Among the many possible avenues of inquiry, the focus here is on the technologies and infrastructures enabling access to the Internet, as well as the relevant legal frameworks. The text is organised into four chapters. The first analyses the regulatory framework and case law of the Court of Justice of the European Union concerning Internet access, technological standards and standard-essential patents (SEPs). The second chapter shifts the focus to the Italian legal system, tracing the evolution of the telecommunications sector, the introduction of universal service obligations, the role of independent regulatory authorities, and the Italian government’s special powers (‘golden powers’). It also deals with consumer protection rules and the obligations imposed on Internet service providers. The third chapter addresses Internet access through the lens of Competition law, with a focus on specific cases involving abuse of dominant position. Finally, the fourth chapter considers whether Internet access should be recognized as a fundamental right.