FIFA: EA does not have to pay a penalty for using loot boxes in the Netherlands

The gaming industry makes a lot of money, but it’s always looking for new ways to squeeze something out of players after they’ve actually bought the product. DLCs, microtransactions, season passes – the choice is large. The controversial loot boxes are also a way to encourage gamers to make purchases. Now the highest Dutch administrative court has decided that at least no gambling license is required for this.

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The decision was based on a debate about the “FIFA” game series. The Dutch Gaming Authority fined publisher Electronic Arts in 2019 for using loot boxes in the game series. This was initially confirmed in October 2020 and EA should be fined 500,000 euros per week in which loot boxes are still offered in FIFA Ultimate Team. But now the penalty is completely lifted as unlawful and EA is off the hook.

The verdict does not finally decide whether loot boxes correspond to gambling. However, it has been established that EA does not require a special gaming license – that was the accusation from the authorities. The reasoning of the court: Such a license is ultimately only needed if gambling is a product in its own right. Here, however, the loot boxes are just a small part of a larger game that is based on the skills of the players and not on pure luck or coincidence.

In the past, EA preferred to refer to loot boxes as “surprise mechanics” and thus received a lot of ridicule and scorn. At the end of the day, the best thing you can do as a player does just not buy any loot boxes.

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