• The President of UOKiK has initiated proceedings against HBO Europe for infringing the collective interests of consumers.
• The charges relate, among other things, to unilateral changes to the list of devices compatible with the HBO service and to the manner in which consumers were informed about the service’s technical requirements.
• UOKiK is investigating whether consumers were properly informed about the risk of losing access to the service during the subscription period.

Yesterday you were still watching your favourite series, and today you cannot launch the platform you purchased specifically to watch it on your television. The helpline informs you that your television is no longer compatible with the service. Many HBO users have found themselves in a similar situation.

In the opinion of the President of UOKiK, such situations may result from unfair market practices. Therefore, proceedings have been initiated against HBO Europe. The allegations of the President of UOKiK against HBO Europe concern practices that make it difficult for consumers to use the service. In particular, these include restricting the platform’s operation on users’ existing devices, failing to provide information in the contract confirmation about which devices were compatible with the service at the time of conclusion of the contract, imprecisely specifying the technical requirements, and failing to guarantee the service’s operation on devices that were compatible at the time of conclusion of the contract for the entire duration of the subscription.

If you want to watch, buy a new television

HBO Europe provides services consisting of access to HBO Max (formerly known as HBO GO and Max), which offers a digital VOD (video-on-demand) service. Consumers enter into a contract for access to the service and use it on their television or other multimedia device. The problem arises when, after some time, the company removes a particular model from the list of supported devices. The service stops working, even though the subscription remains valid. The problem is particularly acute when access is purchased through a telecommunications operator, as the consumer is still required to pay the subscription fee even though they cannot use the service on their existing equipment.

– The unilateral restriction of the list of devices compatible with the service puts HBO users in a situation where they are effectively told: “If you want to watch, buy a new device”. Meanwhile, we purchase devices such as televisions with the intention of using them for years. Without a clear and precise definition of the rules and limits governing such changes, consumers are unable to predict or assess the risk of losing access to the service at the time of concluding the contract – says Tomasz Chróstny, President of UOKiK.

UOKiK is also analysing the provisions of the Terms of Use under which HBO Europe does not guarantee that the service will remain compatible, for the entire duration of the subscription, with multimedia devices that were compatible with the service at the time of concluding the contract. According to the President of UOKiK, such provisions may lead to negative economic consequences, including the loss of the value of the paid subscription or the need to incur additional costs.

How was I supposed to know that?

UOKiK is also investigating how information about the technical requirements of the service, including its compatibility with users’ devices, is communicated. For most of the period under investigation, this information was available only in the terms and conditions or on the website, and not on a durable medium, such as in an e-mail confirming the conclusion of the contract. This method of providing information may have made it impossible for consumers to subsequently determine what technical conditions applied at the time of purchase.

UOKiK also has reservations about the provision of information on technical requirements and supported devices in a general manner, for example by referring to “the latest operating system or its two previous versions” or “models from the current year and the two previous years”. Such a method of providing information may make it difficult for consumers to take an informed purchasing decision and places the burden of assessing equipment compatibility on them.

The use of practices that infringe the collective interests of consumers is punishable by a fine of up to 10% of turnover for each infringement and by an obligation to remedy the effects of the infringement, including refunding customers for fees unlawfully charged by the entrepreneur.

HBO is not the only one

The proceedings initiated against HBO Europe are not the only action taken by the President of UOKiK in this area. Last year, he brought charges against Netflix concerning unlawful fee increases. In 2023, as a result of the UOKiK’s intervention, Amazon changed its practices and contractual terms for Amazon Prime and Amazon Prime Video. Currently, in preliminary investigations, the President of UOKiK is reviewing the terms and conditions and practices of Apple, Disney+, Google (in relation to YouTube Premium), Microsoft (in relation to Game Pass), Sony (in relation to PlayStation Plus) and Adobe. Some of the entities under investigation have already declared that they will change their practices.