Fight against Sony
Milberg Amsterdam acts as legal co-counsel for Stichting Massaschade & Consument, which is initiating a collective action against Sony on behalf of Dutch PlayStation users. The claim, brought under Dutch and European competition law, seeks to address Sony’s abuse of its dominant market position, which has resulted in inflated prices for digital PlayStation games and in-game content.
The claim centers on the allegation that Sony has monopolized the distribution of digital PlayStation content, forcing all PlayStation users to purchase digital games and add-ons exclusively through the PlayStation Store. This has led to a so-called “Sony Tax”, where consumers pay artificially high prices – often significantly higher than for physical copies of the same games.
Key allegations in the case include:
- Sony’s 30% commission on third-party digital game sales, which drives up retail prices.
- Restrictions imposed on game developers and publishers, preventing them from offering digital games through competing platforms.
- A closed digital ecosystem, eliminating price competition and resulting in higher costs for consumers.
According to an independent economic report by BRG, PlayStation users in the Netherlands pay an average of 47% more for digital PlayStation games than for physical copies of the same titles. Similar findings were reported in Portugal and the UK, indicating that this pricing disparity is a structural issue across Europe.
Legal Grounds and Consumer Impact
The collective action alleges that Sony is in breach of Dutch and European competition law (Article 102 TFEU & Article 24(1) Dutch Competition Act), which prohibits companies with a dominant position from engaging in anti-competitive behavior. The case argues that:
- Sony has engaged in exclusionary practices, preventing competition in the digital distribution market.
- Sony’s restrictive contractual terms have forced consumers to overpay for PlayStation content.
- Sony’s actions have eliminated price pressure, allowing it to maintain artificially high digital game prices.
Remedies and Compensation
The Stichting seeks compensation for Dutch PlayStation users who have overpaid due to Sony’s restrictive practices. Additionally, the case aims to force Sony to change its behavior, ensuring fair pricing and improved market conditions for digital game distribution.
If successful, this lawsuit could force Sony to remove anti-competitive barriers and restore fair competition in the PlayStation digital market.
Sony Under Fire Across Multiple Jurisdictions
This lawsuit follows similar legal actions in Portugal and the United Kingdom, where courts have also taken steps to review Sony’s restrictive practices in digital game distribution. In 2024, the UK’s Competition Appeal Tribunal allowed a major collective action against Sony to proceed, reflecting the growing scrutiny of platform-based monopolies in the gaming industry.