• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Valve + 5 game publishers and violation of geoblocking/antitrust law

12. April 2019
in EU law, Law and computer games
Reading Time: 4 mins read
0 0
A A
0
eu kommission beendet defizitverfahren gegen portugal und kroatien article full

I hinted at it in this post on the geo-blocking regulation. Now the European Commission has informed Valve, as owner of the video game distribution platform “Steam”, and five other game publishers, namely Bandai Namco, Capcom, Focus Home, Koch Media and ZeniMax, of its preliminary view that the companies have prevented consumers from purchasing video games across borders in other Member States in breach of EU competition rules.

Commissioner Margrethe Vestager, responsible for competition policy, explained:

“In a true Digital Single Market, European consumers should have the right to buy and play video games of their choice, regardless of where they live in the EU. They should not be prevented from buying in the Member State where they find the most favourable offer. Valve and the five video game publishers now have the opportunity to respond to our concerns.

Valve distributes PC video games electronically through Steam PC video games of all publishers affected by the investigation. At the same time, Valve provides “product keys” to the aforementioned publishers.

These “product keys” require consumers to use a range of games purchased through channels other than Steam, i.e. downloaded or delivered on physical media such as DVDs. After purchasing certain PC video games, users must confirm their “product key” on Steam to authenticate and use the game. This system is used for a wide range of games, including sports, simulation and action games.

According to the Commission’s preliminary view, Valve and the five PC video game publishers have entered into bilateral agreements to prevent consumers from using PC video games not purchased in their country of residence (so-called geoblocking). This is in breach of EU antitrust rules.

In particular, the Commission is concerned about:

  • Valve and the five PC video game publishers agreed, in breach of EU competition rules, to prevent cross-border sales by using product keys with geographical blocks, including in response to unsolicited orders (so-called passive purchases) of PC video games from various Member States (namely the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and, in some cases, Romania). This may have prevented consumers from buying games in other Member States at lower prices.
  • Bandai Namco, Focus Home, Koch Media and ZeniMax violated EU competition rules by including contractual provisions restricting exports in their agreements with a number of distributors other than Valve. Distributors were not allowed to sell the PC video games in question outside the allocated territories, which could include one or more Member States. These practices may have prevented consumers from buying and playing video games offered by these distributors either on physical media such as DVDs or as downloads.

According to the Commission’s preliminary view set out in the statement of objections, these companies have closed off their national markets and restricted passive purchases by consumers. These business practices ultimately denied European consumers a preference for the EU’s Digital Single Market, namely the ability to choose the most attractive offer across borders.

If confirmed, this would be in breach of Article 101 of the Treaty on the Functioning of the European Union, which prohibits anti-competitive agreements. The transmission of the statement of objections does not prejudge the outcome of the investigation.

 

Background

The Geoblocking Regulation

The investigations into the geo-blocking of PC video games complement Regulation 2018/302 on unjustified geo-blocking, which has been in force throughout the EU since December 3, 2018.

The regulation prohibits geo-blocking and other geographical restrictions that make online shopping and cross-border sales more difficult by curtailing the opportunities for consumers and businesses to take advantage of online commerce. The regulation currently applies to PC video games distributed on CDs or DVDs, but not to downloads.

The Commission will carry out an initial assessment of the Regulation by 23 March 2020. In particular, it will consider the scope of the Regulation and its possible application to certain electronically supplied services offering copyrighted content such as music, e-books, software and online games, as well as to services in areas such as transport and audiovisual services.

Background information on the procedure

On February 2, 2017, the Commission opened formal antitrust proceedings concerning the bilateral agreements between Valve Corporation and the five publishers of PC video games.

This is a separate procedure that is independent of the competition law sector inquiry into e-commerce, but represents a follow-up to some of the problems identified therein.

A Statement of Objections is a formal step in the Commission’s investigation into alleged breaches of EU antitrust rules. The Commission shall inform the parties in writing of the complaints lodged against them. The parties may then consult the Commission’s investigation file, submit their comments in writing and request an oral hearing in order to present their views to representatives of the Commission and the national competition authorities.

If, after the parties have exercised their rights of defence, the Commission concludes that there is sufficient evidence of an infringement, it may adopt a decision prohibiting the conduct and fines of up to 10 of their annual worldwide turnover.

The Commission is not subject to a legally binding period for the conclusion of antitrust investigations into anti-competitive practices. The duration of an antitrust investigation depends on a number of factors, such as the complexity of the case, the extent to which the undertaking concerned cooperates with the Commission and the exercise of the rights of the defence.

Further information on this cartel case will soon be available in the public register on the Commission’s competition law website under the numbers AT.40413 (Focus Home), AT.40414 (Koch Media), AT.40420 (ZeniMax), AT.40422 (Bandai Namco) and AT.40424 (Capcom).

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: Competition lawConsumerdigitalInformationKIRegulationserviceSoftwareUrheberrecht

Weitere spannende Blogposts

Sample contracts: opportunities and threats when used in the business world

Sample contracts: opportunities and threats when used in the business world
4. April 2023

Introduction: Sample contracts are especially beneficial for small businesses and sole proprietors who cannot afford expensive legal advice. The use...

Read moreDetails

Federal Council fails to find majority against cybercrime

Federal Council fails to find majority against cybercrime
7. November 2022

No majority for proposal to combat cybercrime A bill from Bavaria to combat cybercrime was voted on in plenary on...

Read moreDetails

Designation as “Gollum” is an insult

New info on the status of the State Media Treaty
28. November 2022

As a self-confessed "Lord of the Rings" fan, I simply had to post a blog article on a recent decision...

Read moreDetails

Federal Patent Court does not delete trademark “Black Friday” completely!

Federal Patent Court does not delete trademark “Black Friday” completely!
7. November 2022

The Federal Patent Court has ruled that the disputed word mark "Black Friday" must be cancelled for some services in...

Read moreDetails

Artificial Intelligence and Copyright: A Statement by the German Council for Cultural Affairs

Artificial Intelligence and Copyright: A Statement by the German Council for Cultural Affairs
22. June 2023

The German Cultural Council is the umbrella organization of the federal cultural associations in Germany. It represents the interests of...

Read moreDetails

OLG Düsseldorf: In the B2C sector, no inclusion of general terms and conditions for offline orders and mere reference to website

GTCs are not invalid solely because of their length!
13. August 2024

In its ruling of 25.04.2024, the Higher Regional Court of Düsseldorf decided that a company's General Terms and Conditions (GTC)...

Read moreDetails

Public consultation on copyright reform

copyright
7. November 2022

The Federal Ministry of Justice and for Consumer Protection (BMJV) is conducting a public consultation on the implementation of the...

Read moreDetails

Online retailers: Alcohol sales online only from 18/16!

Attention: Vouchers to existing customers can be advertising!
14. March 2019

At the end of January this year, the Regional Court of Bochum ruled that the age restriction for alcoholic beverages...

Read moreDetails

Twitch Streams and Let’s Plays: Attention!

youtube 3503481 960 720
2. January 2019

In line with this article from today, I would like to briefly emphasize that citation law does not apply to...

Read moreDetails
Management without mandate (GoA)

Management without mandate (GoA)

16. October 2024

Definition and legal basis: Management without mandate (GoA) is a legal obligation that is regulated in Sections 677-687 of the...

Read moreDetails
Federal Labor Court

Federal Labor Court

27. June 2023
725e2bc41287afd7230400e8f4f466aa

Ownership

10. November 2024
e1b22941 8541 4953 98a5 7858790f09a7 20191530

Freedom of contract

29. March 2025
elektronisches wertpapiergesetz ewpg

Electronic Securities Register Ordinance – eWpRV

28. June 2023

Podcast Folgen

9e9bbb286e0d24cb5ca04eccc9b0c902

Legal challenges of innovative business models

1. October 2024

In this captivating podcast episode, I dive deep into the world of legal challenges associated with innovative business models as...

da884f9e2769f2f96d6b74255be62c27

The role of the IT lawyer

5. September 2024

In this exciting podcast episode, we delve into the fascinating world of IT start-ups and find out why an experienced...

75df8eaa33cd7d3975a96b022c65c6e4

Life as an IT lawyer, work-life balance, family and my career

26. September 2024

In this captivating episode of my IT Medialaw podcast, I, Marian Härtel, share my personal journey as a passionate IT...

c9c5d7fd380061a8018074c2ca5a81bf

Startups and innovation in Germany – challenges and opportunities

26. September 2024

This insightful podcast episode takes an in-depth look at the startup and innovation landscape in Germany and Europe. The discussion...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung