Antitrust laws, environmental laws etc. all force businesses to "operate in a certain way". You can argue for more or less regulation, but I think you'd be hard pressed to find anyone to argue for no regulation.
Also, the issue is many people don't have a choice between ISPs, or if they do, it's between two major ISPs. If a Time Warner / Comcast juggernaut implements a fast lane, do you think that Verizon or whoever else won't?
I'm really starting to think mesh networks are going to be the only solution.
To be less facetious, I could also choose AT&T DSL, but they don't offer competitive bandwidth. And they aren't exactly a small independent ISP. There might be ISPs that offer "business class" service, but their prices probably start at least 3x what I currently pay. I'm not even sure they would offer service in an apartment complex either.
I live in Santa Clara, in the South Bay. It's pretty close to the heart of Silicon Valley. My only option for an ISP is Comcast; my choices are literally, in the true definition of literally, use Comcast or don't get internet. And that's not really a choice, is it?
Especially in apartment complexes, you'll have a single carrier lock down entire areas in a no-compete way.