Well, in this case I don't see why a customer should stick with the ISP if it doesn't deliver. In Germany, there are several examples where the termination of contract was judged as being okay if the bandwidth regularly fell below 50% of the promised capacity [1].
Therefore: Although the Netflix cut was triggered by the EU, it might actually have been a successful lobbying action by the ISPs.
But switching your ISP will take a week at best, likely multiple.
Right now politicians don't want me to enjoy the perfect weather outside but instead to stay indoor and play online games or program something. Both I'm less likely to do if my neighbors clog my internet by watching ultra hd streams, apparently.
Don't think "the market will solve it" is best approach right now.
Therefore: Although the Netflix cut was triggered by the EU, it might actually have been a successful lobbying action by the ISPs.
[1] https://praxistipps.chip.de/internet-recht-dsl-geschwindigke...