The anti-trust behavior itself would run foul of laws, not the FCC plans. This is really the fundamental point of Pai's argument, at least so far as I can read

The anti-trust behavior itself would run foul of laws, not the FCC plans. This is really the fundamental point of Pai's argument, at least so far as I can read it. Is that instead of creating an extensive set of 'preemptive' rules that are not necessarily forward looking. For throughout limited near future services like satellite or balloon internet, throttling/blocking/etc will almost certainly be necessary. The current rules, at least he ones written under Wheeler, had a completely undefined "reasonable network management" exception allowing companies to break any rule, but that's a somewhat uncomfortable clause to rely on when you're investing tens of billions of dollars. So instead of writing hundreds of pages of static rules which can arguably interfere with competition or innovation, deal with bad behavior as it emerges through the proper channels. And in many cases that bad behavior would not be managed by the FCC - as you mention we already actually have pretty reasonable anti-trust law as well as consumer protections. And organizations like the EFF would certainly be on the forefront of making sure these protections are utilized to the max potential allowed by the law.