Are you sure about that? To me the issue has seemed like cable companies are shaking down Netflix by specifically sabotaging it unless it pays “protection money”. Similar to a hypothetical case of a phone company opening their own pizza delivery service and arranging calls to “mysteriously” drop on their competitors ordering numbers.
Karl Denninger has had some very insightful columns on just that, I’ll try to summarize: Netflix has so far been getting a free ride as the first mover in their space. Their very model of needing uninterrupted high bandwidth connections to their customers is not what the net is designed for; under so-called net neutrality they get to go on freeloading, and as more companies offer similar products, the bandwidth demands increase still more and, as it stands, we all get to pay through our ISPs whether we are using Netflix or not. Kind of de facto socialism.
Some believe that Netflix staged the so-called sabotage.
http://blog.streamingmedia.com/2014/06/netflix-isp-newdata.html