Sony is being sued for €256 per Dutch gamer after digital-only push, as lawsuit argues physical games were their last real choice to avoid the 30% "Sony tax"

Sony’s recent decision to end physical disc production in 2028 has prompted consumers in the Netherlands to file a major lawsuit. A Dutch consumer organization argues that a shift to digital-only distribution removes alternative ways for buyers to purchase and own video games, effectively giving Sony unrestricted control over game pricing and accessibility.

Lucia Melcherts, chair of Stichting Massaschade & Consument (SM&C), responded to an inquiry from WCCFTech and said:

“The end of physical discs removes the last place where a PlayStation game could still be bought and sold at a competitive price. No disc means no second-hand market and no alternative to the PlayStation Store, so from 2028, Sony alone will decide what a game costs and even how long you are allowed to use it. That is exactly the harm our Fair PlayStation claim is about: a price can never be fair when the buyer is left with no ownership and no alternative.”

Stichting Massaschade & Consument launched its “Fair PlayStation” campaign in February, arguing that Sony controls a dominant share of digital sales in the region. The lawsuit claims that Sony has effectively established a monopoly and is exploiting both developers and gamers.

Earlier, Melcherts, acting on behalf of 1.7 million Dutch gamers, stated:

“Many people have noticed they’re being pushed toward ‘digital-only’ consoles since the arrival of the latest PS5 generation. These consoles work exclusively with digital games rather than physical discs. Yet economic research shows that consumers pay, on average, 47 percent more for a digital version of a game compared to an identical physical copy, even though Sony’s distribution costs are significantly lower.”

As a result, Melcherts is seeking an estimated €435 million (approximately $508 million) in damages, accusing Sony of abusing the video game market by leveraging its dominant position and maintaining control over roughly 80% of the Dutch console market.

The organization also claims that by requiring gamers to purchase titles digitally via the PlayStation Store, they are effectively forced to pay the “Sony tax”,  a 30% commission that, according to the group, is passed on to consumers through higher prices. Without a future resale market, buyers lose the ability to exchange, share, or purchase used games.

Despite this, €435M across 1.7 million claimants is roughly €256 per gamer, which seems a somewhat high amount of compensation from a video games giant that already subsidizes its consoles. The Dutch case is one front in coordinated litigation spanning five jurisdictions: the UK trial on behalf of ~11 million consumers concluded in May 2026 after 10 weeks at the Competition Appeal Tribunal, which is now deliberating, with Sony's exposure around £2 billion, and a US class action over Sony's 2019 removal of third-party digital codes received preliminary approval for a $7.85 million settlement, with similar actions at earlier stages in Australia and Portugal, even as Mexican lawmakers are expected to step into the fold in the near future.

Buy a Sony PlayStation 5 Digital Edition console on Amazon here