If the business has monopoly power due to its situation, many would think that the unfairness of that supercedes the unfairness of making such a demand.
I don't understand asset seizure or even regulatory taking as a valid objection to anti-trust actions. When AT&T was cracked, the stockholders received proportional shares of the "Baby Bells" too. Government didn't seize assets. It should be possible to structure this to avoid claims of "regulatory taking" too.
LLU concept applied to the internet addresses the fundamental problem, lack of market competition, but doesn't completely eliminate the monopoly. NN gives additional control of the existing monopoly to the central government, prevents further competition, and should lead to poor outcomes.
Seizing property, duplication of infrastructure are both red herrings in the case of both network neutrality regulation and local-loop unbundling regulation. Neither is required for either of those. They are wheeled out by people that simply do not understand what one or both of these things are (and there is plenty of this lack of understanding), or that wish to obfuscate.
Mostly so, however LLU does not eliminate the monopoly aspect of the distribution system. It would be interesting to understand how this is handled in the UK.
Here, wrt utility deregulation, a former natural gas or electric monopoly would be split into distribution vs production entities and the production entity must complete while the distribution entity remains tightly regulated monopoly.
Monopoly power is a situation that leads to market failure. This is separate from considerations of fairness. Correction of market failures generally requires intervention in the market.
Certainly it results in market failure, but to be clear, for others here, this means inefficiency. Microsoft's or Standard Oil's monopoly power harms consumers &| competitors, but doesn't cause a "crash".
I agree that intervention is required for
persistent monopolies; however the existence of a monopoly attracts added competition. So Sodastream, or Keurig had/have a monopolies on the overpriced home soda systems or cr*py coffee machine markets, but no one should be concerned enough to act - there are low barriers to entry.
And let's also make a distinction - some monopolies develop from competitive markets while others are created by government edict - patents, union recognition and franchise agreements. Microsoft or Keurig need to worry about competition, Comcast does not (wrt the distribution system) they have a perfect monopoly.
Un-bundling is intervention to create competition and therefore remove the monopolistic arrangements which give rise to market abuse in the first place.
But it only removes part of the monopoly. The distribution network's "last mile" still has no competition. LLU is a brilliant approach, not a perfect one.
Actually those who object to LLU (but support NN) tend to do so via an argument that the former requires asset seizure and that is the reason why America can't do it. However this is uninformed objection coming from cognitive bias and is contradicted by other countries having implemented LLU without any asset seizure
That "seizure" argument is nonsense of course, the US has broken up monopolies in various ways before. I think it has a lot more to do with political demagoguery+gullibility and the current American zeitgeist that favors more government control and regulation, coupled with fundamental ignorance of the Sherman act.