• Could there have been restrictive practices in the video game sales market from which game developers, platform providers and gamers may be losing out?
• The President of UOKiK has initiated preliminary investigation concerning the case in question.
• In addition, UOKiK’s staff have inspected the headquarters of several businesses.

The President of UOKiK has initiated the preliminary investigation as a consequence of the suspicion of possible anti-competitive practices by providers of digital distribution platforms for video games. In particular, the investigation concerns the actions of providers of platforms such as the PlayStation Store and Steam.

- The digital game distribution market is displacing traditional sales. Gamers are increasingly less likely to buy games in boxes but are sourcing digital copies on online sales platforms. At the same time, we see that there may be restrictive practices by major players in this market. That is why I have initiated the preliminary investigation and have had three entrepreneurs inspected. We are currently reviewing the collected evidence – says the President of UOKiK, Tomasz Chróstny.

The UOKiK inspection took place at the headquarters of a Sony group company as well as at two video game developers and publishers in Poland. The evidence collected will indicate whether there may have been restrictive practices: prohibited agreements or abuse of a dominant position by providers of digital distribution platforms for video games. Their effect could be the exclusion of competing platforms, advanced exploitation of game developers and publishers, and higher prices for players. These include applying restrictions on the sale of games and ancillary content on competing platforms or online stores, interfering with the pricing and discount policies of game developers and publishers, or restricting market access to competing platforms and other digital service providers.

The preliminary proceedings are conducted in the case itself and not in relation to specific entrepreneurs. If the evidence collected confirms the suspicions, the President of the Authority will initiate antitrust proceedings and bring charges against individual entities. An enterprise involved in a competition-restricting agreement faces a fine of up to 10% of its turnover. The managers responsible for concluding the collusion, in turn, face a fine of up to PLN 2 million.

Severe sanctions can be avoided by taking advantage of the leniency scheme. It offers to entrepreneurs involved in an illegal agreement and to managers responsible for collusion an opportunity to reduce a sanction or, in some cases, avoid it altogether. It can be used as long as you cooperate as a “crown witness” with the President of UOKiK and provide evidence or information regarding the existence of a prohibited agreement. We encourage the parties interested in the leniency scheme to contact the Authority. By calling a dedicated number: 22 55 60 555, UOKiK staff will answer any questions about the leniency programme, including anonymous ones.

We also remind you that we conduct a programme to obtain information from anonymous whistleblowers. Do you wish to inform UOKiK about competition restricting practices? Visit https://uokik.whiblo.pl/ or scan the QR code below and use the simple form. The system we use guarantees full anonymity, including to the Office itself.