Not a game: Sony faces class action lawsuit in the Netherlands

A class action lawsuit against Sony has been initiated by the Dutch consumer non-profit organization Stichting Massaschade & Consument on behalf of around three million Dutch PlayStation users who claim to have been overpaying for games and in-game content. The organization accuses Sony of pricing digital games in its PlayStation Store at excessive rates due to its dominant position in the console market. This alleged abuse of power has led to what the foundation calls a “Sony tax,” with consumers paying up to 47% more for digital versions despite Sony’s increased profits after transitioning away from hard copies.

According to Lucia Melcherts, the chair of Stichting Massaschade & Consument, the shift from physical game discs to predominantly digital purchases has left Sony as the sole retailer for digital PlayStation content, eliminating any form of price competition. This situation allows Sony to dictate terms to game developers, including setting prices in the PlayStation Store, while still charging full price to players for games, even older titles, despite reduced operating costs as there are no physical stores, printing, or transportation expenses involved.

The organization argues that Sony’s monopoly on digital sales, coupled with its strong position in the console market, has resulted in players paying artificially inflated prices. This is in stark contrast to similar game apps like the Microsoft Store and the Epic Games Store, which actively compete for users and do not have the same level of control over pricing and distribution as Sony.

Stichting Massaschade & Consument believes that Sony’s practices violate Dutch and European competition laws, and they aim to put an end to what they consider to be unlawful practices by the company and seek compensation for affected players. While the initial court hearing is anticipated to occur later in the year, the organization hopes that a ruling in their favor will force Sony to open up the digital PlayStation content distribution market to other providers.

Sony has been the subject of similar lawsuits in other countries such as Britain and Portugal, and Stichting Massaschade & Consument encourages Dutch individuals who have made purchases on the PlayStation store to register on their website to potentially claim back what they refer to as the “Sony tax.” In the past, the organization has taken legal action against other companies like Airbnb, ABN AMRO, Google, and TikTok for various consumer rights violations.

Ultimately, the class action lawsuit against Sony highlights the importance of fair pricing for digital goods and the need to ensure healthy competition in the marketplace to protect the rights of consumers.