Loot Boxes Fast payoutform of gambling: EA wins on appeal from KSA

It is almost three years ago that the Gaming Authority has imposed an order subject to a penalty payment for the American game Publisher Electronic Arts (EA). The reason for this was that the regulator found that the so -called Player Packs in the well -known football game FIFA should be clearly labeled as a form of gambling. EA did not agree with this, appealed and now got the right three years later.

What are Loot Boxes?

The story originated in 2018 after the Gaming Authority made a statement about Loot Boxes that nowadays in many popular computer spell are to be found. Loot Boxes can best be explained as treasure chests that can open players for a fee of real money.

The big problem with Loot Boxes, however, is that when opening a Loot Box, players do not know exactly what they will get in advance, and players can become addicted to opening Loot Boxes until she finally has a good player, for example at FIFA to get.

As a result, the Gaming Authority found that Loot Boxes were actually a form of gambling and that EA, which was not in possession of the required permit, did not play according to the rules.


The logical next step was therefore for the supervisor to be to the parent company Electronic Arts Inc. and FIFA publisher Electronic Arts American Société à Responsabilité Limitée to send the friendly request to remove the Loot Boxes Z.S.M. from the games. However, this request was ignored by both companies and the KSA therefore succeeded in October 2019 with an order subject to the publisher of the FIFA games that could rise to a hefty fine of $ 10 million.

After this, the court in The Hague decided in October 2020 that Electronic Arts had a three-week deadline to remove the FIFA Ultimate Team element from the games. The penalty that EA back in October 2019 was suspended four months later by a preliminary relief judge. The question of whether the publisher would have to pay a fine to the Gaming Authority would be answered in the appeal.


Wednesday, March 9, 2022, the highest administrative court in the USA has now finally made a definitive ruling in the 3-year case between the KSA and EA.

The ruling of the administrative court was in favor of Electronic Arts, and also indicated that Loot Boxes in a computer game is not a form of gambling and therefore Fast payoutpermit is required for this. The law on games of chance has therefore not been violated by the publisher. Thus the administrative court:

“Because the packs do not form a stand -alone game, they are not a game of chance and Fast payoutpermit is needed for that. The publisher has therefore not violated the Gambling Act and the Gaming Authority should therefore not have imposed a penalty. The Administrative Jurisdiction Division has "revoked" the penalty payment imposed. This means that the penalty is off the table. "

It is not possible for the regulator to challenge the ruling as it is irrevocable.

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