For a simple reason. Netflix has to pay for enough bandwidth outbound to supply their customers, regardless of anything else. Their customers are also paying fo

For a simple reason. Netflix has to pay for enough bandwidth outbound to supply their customers, regardless of anything else. Their customers are also paying for a certain amount of bandwidth. ISPs typically possess less total bandwidth then they sell. The problem is that the typical users usage is rising faster than the ISPs are willing to handle. If I pay for 50Mb/s, and the other end of my communication has enough bandwidth to provide it, then I should be able to get to that speed. As far as I am aware, there has been no accusations that Netflix does not have enough bandwidth to supply their customers, but that the intermediaries have oversold their networks to the point where they cannot deliver on their promises.