The Future of the Electronic Communications Sector and Its Infrastructure – Video Games Europe Reply

Video Games Europe argues that imposing network fees on high‑bandwidth users would harm consumers, the broader Internet ecosystem and the European video‑games sector. The contribution to the European Commission’s exploratory consultation stresses that such fees are legally, technically and practically untenable, and directly conflict with the net‑neutrality principle enshrined in the Open Internet Regulation. It contends that content and application providers (CAPs) do not “free‑ride” on telecom infrastructure; instead, they generate demand that fuels competition and investment in connectivity, creating a mutually reinforcing virtuous cycle that benefits both ISPs and end‑users.

The position paper highlights several concrete concerns. First, mandatory contributions would add a financial burden to video‑game publishers already obliged under the Digital Content Directive to deliver frequent updates and security patches, potentially requiring costly deep‑packet inspection to differentiate fee‑eligible traffic. Second, the introduction of traffic‑based fees threatens the equal treatment of data flows, jeopardising net neutrality and prompting opposition from civil‑society groups and a large cohort of European Parliament members. Third, the sector points to evidence from BEREC and ETNO that data‑traffic growth has not translated into proportional energy consumption, thanks to efficiency gains and renewable‑energy adoption; cloud‑based delivery models further reduce carbon footprints by limiting unnecessary downloads and hardware upgrades.

Scope-wise, the analysis covers the European Union’s electronic‑communications market as of 2023, focusing on the video‑games industry, which comprises roughly 5,100 studios and publishers, generates an estimated €12 billion in annual turnover, employs over 90 000 people and recorded €23 billion in consumer spending in 2021. The contribution draws on industry membership data, BEREC sustainability reports and internal assessments rather than a formal survey, reflecting the collective view of 19 major publishers and national trade associations across 15 EU countries. The overarching conclusion is that network fees are unnecessary, would diminish Europe’s digital competitiveness, and could impede environmental progress, urging policymakers to preserve the current open‑Internet framework.