integrated pay-television provider might have to foreclose, either partially or completely,
a rival upstream content provider. OVDs must necessarily rely on a high-speed broad-
band connection to households in order to deliver their programming, the vast majority
of which are also owned by existing cable or telco MVPDs. There are therefore legiti-
mate concerns that MVPDs will somehow manipulate their broadband networks in ways
that disadvantage rival OVDs, perhaps by offering differential download speeds for rival
online content, imposing data caps that lower the value of an Internet-delivered video
service, or setting usage-based prices with similar effects.
103
Furthermore, it is hard to
determine if such strategies are anti-competitive, as they ...