Evolution of the European regulatory framework on interconnection and peering: prospects and risks

The European Commission’s proposal for a Digital Networks Act (DNA) largely preserves the current
approach to IP interconnection in the EU, despite the intense political debate on “fair share” and
sender-pays models that preceded it. Interconnection rules remain confined to public electronic
communications networks and services, in continuity with the EECC and Open Internet Regulation, and the DNA opts for voluntary ecosystem cooperation and conciliation mechanisms on IP interconnection rather than imposing network usage fees or mandatory settlement regimes. This outcome is broadly positive for the openness and contestability of European interconnection markets, but the regulatory trajectory is not yet settled, as the proposal will be subject to institutional negotiations and possible re-balancing of interests.
At the same time, the draft DNA introduces a broader jurisdictional hook over “digital infrastructure” in
general – notably through provisions such as Article 9(2) – which may extend telecom-style oversight to
infrastructures and private networks that have so far remained largely outside sector-specific regulation.
One plausible consequence is an expansion of regulatory leverage over private interconnection
arrangements, including CDNs and data centre-based ecosystems, without a clear articulation of the policy objective, especially in light of overlapping obligations under NIS2 for network and information-system security.
Against this background, the presentation will critically assess the evolution of the EU interconnection
framework, contrasting the institutional choice against “fair share” with emerging forms of soft-law and
voluntary cooperation, and exploring the risks of an incremental extension of jurisdiction over private
networks. It will do so in dialogue with recent empirical work on the changing peering and interconnection landscape – including evidence on the growth of IXPs, private interconnects and CDNs – to test whether the DNA’s calibrated intervention is adequate to address current and future market developments.