I don't think your conclusion logically follows. The free market argument would be that the fairest price is whatever Comcast can get netflix to pay (or vice-ve

I don't think your conclusion logically follows. The free market argument would be that the fairest price is whatever Comcast can get netflix to pay (or vice-versa). From a policy perspective I don't see a reason to intervene except that both parties have unfair advantages relative to their competitors (and Comcast basically has a monopoly). However, if that's the reason to intervene on traffic shaping then I think it's a reason to intervene on peering relationships too. I'd love to be able to peer with Comcast, but I can't. That's not fair.