By most accounts I read NetFlix is responsible for 30% + of evening internet traffic. Kind of staggering. If an ISP actively throttled Netflix people would leave that ISP for another one that didn't throttle Netflix Netflix is clearly a hugely popular service with enough people that it could exercise that clout. Netflix can sign agreements and tout such providers (heck, bundle in sign up offers etc) So the market can solve this problem.
Secondly, why are they throttling this service? Because they can't charge effectively for it. We all love the simplicity of "all you can eat" pricing. Yet Netflix essentially exploited that model to their own benefit to the point now that model is under risk.
I find it fascinating that a service that has (legally and ethically and followed standard biz practices and sensibilities) grown to gobble 30% of all resources and effectively squeezes out other traffic is seen as a victim here. I'm not trolling so would love to hear what I'm missing.