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" ... Some commenters have raised issues about the feasibility of antitrust as applied to some potential harms. CompTIA and OTI claim that the unilateral refusal to deal and essential facilities cases are more difficult to bring after Verizon Commc’ns, Inc. v. Law Offices of Curtis V. Trinko, 540 U.S. 398 (2004) and Pacific Bell Tel. Co. v. linkLine Commc’ns, Inc., 555 U.S. 438 (2009). See CompTIA Comments at 3 (“The decisions in these cases suggest that slowing an edge provider’s content down to cripplingly slow speeds may not qualify as a unilateral refusal to deal or violate the essential facilities doctrine under antitrust law.”); OTI New America Comments at 17; Singer, Paid Prioritization and Zero Rating, at 3 (“[T]he recent tendency in antitrust jurisprudence has been to relax nondiscrimination obligations . . . Trinko cast doubt in the viability of the essential facilities doctrine, particularly as applied to regulated industries, such as telecom and potentially Internet access”). To the extent these commenters are correct, the transparency rule and FTC enforcement of the commitments (based on Section 5 of the FTC’s Act broader reach than antitrust) remain to protect the openness of the Internet, and the shifts in antitrust doctrine do not support the imposition of Title II. (emphasis added). ... "