Sony faces class action over expensive digital game and DLC prices — ‘Sony tax’ means digital games cost ‘an average of 47% more’ than those on disc, group alleges

PlayStation 5 Digital Edition
(Image credit: Sony)

Dutch PlayStation gamers are up in arms about what they call the unfair 'Sony tax.' Their collective anger has been mobilized today in a class action suit against Sony, alleging monopolistic practices. In brief, legal representatives of the 'Fair PlayStation' campaign say that “consumers pay an average of 47% more for these digital versions than for exactly the same game on a physical disc” (machine translation used), as Sony leverages its monopoly on digital sales.

Research undertaken by the Dutch collective indicates that Sony has been “exploiting its dominant position in the console market for at least ten years,” with things made much worse by barring other app stores from the platform. It concludes that “at least 1.7 million Dutch PlayStation owners pay too much for digital games and in-game content.” In total, Dutch consumers have thus had to shell out €435 million ($505 million) more than they should have done since 2013, according to campaigners.

Wherever you live, though, new PlayStation 5 releases are expensive, and typically arrive at $69.99 in the U.S., for example. While Sony can easily control game pricing in its digital store, competing sellers of physical game media releases will often race to cut the margins they enjoy per game to aim for the volume market. This kind of healthy competition is being eroded by the introduction and promotion of the digital-only versions of consoles.

PlayStation 5 Digital Edition

(Image credit: Sony)

Lucia Melcherts, chair of Stichting Massaschade & Consument, speaking as a representative of the 'Fair PlayStation' campaign, points out that many gamers have spent very large sums on buying games for the PlayStation. She reckons that Sony is taking away the magic as it “unilaterally imposes new conditions and demands more money without offering anything in return.” That sounds like Sony is boiling the frog. The water got a little hotter in April, with Sony hiking prices of a wide range of its products as recently as April.

The way that Sony could implement such price hikes illustrates the boldness of its alleged monopolistic behavior in 2025. Melcherts asserts that the purported 'Sony tax' has come about as the firm “can now afford to make decisions without having to worry much about what competitors, developers, or consumers are doing.” This contrasts with how the digital-only console revolution was sold. With digital distribution reducing costs for the entertainment business, cheaper content was often implied. However, that doesn’t work with walled-garden systems that block competing digital stores.

In summary, the 'Fair PlayStation' campaign alleged that Sony is making double the margin on its digital sales, is enjoying the position of a monopolist with 80% of the Dutch console market, and maintains artificial walls around its on-console store. Sony’s restrictive practices aren’t good for developers and publishers, either.

The first legal hearing is scheduled for later in 2025. Ultimately, the consumer action group hopes that the Dutch courts will uphold their claims and force Sony to open the sale of digital PlayStation content for other providers.

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Mark Tyson
News Editor

Mark Tyson is a news editor at Tom's Hardware. He enjoys covering the full breadth of PC tech; from business and semiconductor design to products approaching the edge of reason.

  • Heat_Fan89
    Europe tends to be pro Sony. When consumers tend to make any company their preferred choice it allows and encourages said company to take advantage of their "market advantage". Apple isn't any different. The Chinese market gets discounts on their iPhones while the US market sees ever higher prices.

    If consumers want lower prices, the most effective tool is........."restraint". Don't buy from them or their products and watch as prices drop. The closest example in the US was the original Nintendo 3DS. It was originally priced too high and consumers sent Nintendo that message. Nintendo later dropped the price permanently, as gamers weren't buying the product.
    Reply
  • TheyStoppedit
    Ok, so if digital games are 47% more expensive then physical games, then why are you as the consumer buying digital games? Why not just buy the physical game and save money?
    Reply
  • TerryLaze
    The first legal hearing is scheduled for later in 2025. Ultimately, the consumer action group hopes that the Dutch courts will uphold their claims and force Sony to open the sale of digital PlayStation content for other providers.
    Ok, either this is incredibly badly worded or they asking for something that doesn't make any sense.
    Digital PlayStation content will only be sony stuff and they are not going to be selling it any cheaper to other providers for those other providers to then be able to offer them cheaper.

    But if it is a similar suit to what epic did with apple then Sony would have to allow other providers to offer non sony, non-playstation content on their store which would then force sony to lower prices, or at least compete on price, because customers would be able to choose between expensive sony stuff and cheaper "others" stuff.
    Reply
  • TerryLaze
    TheyStoppedit said:
    Ok, so if digital games are 47% more expensive then physical games, then why are you as the consumer buying digital games? Why not just buy the physical game and save money?
    When was the last time you went to a physical store and found a lot of choices for any console?! And then think about people that don't live in the largest cities ever.
    Reply
  • TheyStoppedit
    TerryLaze said:
    When was the last time you went to a physical store and found a lot of choices for any console?! And then think about people that don't live in the largest cities ever.

    Physical games can be purchased online
    Reply
  • bit_user
    Since I don't care about playing the latest & greatest AAA title, I just add stuff to my wishlist and wait until it goes on sale. One nice thing they do is tell you exactly when the sale ends, so that you know how long you have to make up your mind about whether to buy something or just wait until the next sale.

    The equivalent thing I'd do with physical game discs was to shop the discount bins, back in the day.
    Reply
  • TerryLaze
    TheyStoppedit said:
    Physical games can be purchased online
    Yeah but I very much doubt that the same amount of discount exists there, online sellers have huge warehouses where they don't mind a lot if things stay for a bit.
    It's the physical stores that will do discounts to get stuff off their shelves.
    Reply
  • Atom Symbol
    TheyStoppedit said:
    Ok, so if digital games are 47% more expensive then physical games, then why are you as the consumer buying digital games? Why not just buy the physical game and save money?

    Because "PlayStation 5 Pro" has no Blu-ray drive?
    Reply
  • hopelessrespawner
    TerryLaze said:
    Ok, either this is incredibly badly worded or they asking for something that doesn't make any sense.
    Digital PlayStation content will only be sony stuff and they are not going to be selling it any cheaper to other providers for those other providers to then be able to offer them cheaper.

    But if it is a similar suit to what epic did with apple then Sony would have to allow other providers to offer non sony, non-playstation content on their store which would then force sony to lower prices, or at least compete on price, because customers would be able to choose between expensive sony stuff and cheaper "others" stuff.
    This seems like a very different case though. Phones are closer to computers in their functionality these days... where consoles aren't. They are computing devices, but hyper-locked down to do a very specific thing. Epic's case I thought was more geared towards payment practices, because they were tired of paying Apple part of their profits.

    Also I can't see any way this would be possible without massive changes to the PS5 Operating System and functionality, and I could see Sony completely pulling out of the Dutch market before they spent money dealing with this... there is zero chance they allow a third-party store on the console.

    Xbox on the other hand does seem to be moving towards making their next console a Windows machine though. We'll have to see how that turns out as it looks like they're possible allowing game installation from third party stores (not sure you'll be able to buy directly on the console though).
    Reply
  • TerryLaze
    hopelessrespawner said:
    Epic's case I thought was more geared towards payment practices, because they were tired of paying Apple part of their profits.
    Yes, this opens up the precedence that a digital store has to allow other companies to sell stuff on their store independently from the store owner.
    Epic and anybody can sell directly to customers on the apple store, for less money than they would have to if they where paying the apple tax, and they all would be able to sell directly to customers on the sony store as well.
    hopelessrespawner said:
    Also I can't see any way this would be possible without massive changes to the PS5 Operating System and functionality, and I could see Sony completely pulling out of the Dutch market before they spent money dealing with this... there is zero chance they allow a third-party store on the console.
    How do you figure?!
    It's all just apps running on a frontend, sony won't even be doing anything, epic and everybody that want's to would have to make a compatible app, just like they make compatible games.
    It's like saying that running youtube on a console would need massive changes, no the console is already build to run stuff.
    hopelessrespawner said:
    I could see Sony completely pulling out of the Dutch market before they spent money dealing with this... there is zero chance they allow a third-party store on the console.
    Yeah maybe, if this lawsuit stays dutch only, but if they win it sets precedence and then every country is going to jump on that bandwagon, cause worldwide gaming revenue ain't no joke.
    I guess this already is the bandwagon....apple losing in court is a super strong message.
    Reply