Austrian Supreme Court says loot boxes aren’t gambling
The Supreme Court ruled that loot boxes in Electronic Arts’ FIFA Ultimate Team do not come under Austria’s Gambling Act.
Austria.- The Supreme Court of Austria has ruled that loot boxes in Electronic Arts’ FIFA Ultimate Team do not count as gambling under the country’s Gambling Act. A group of plaintiffs had argued that EA’s randomised digital packs offering a chance to obtain rare footballers amounted to unlawful gambling, but the court disagreed.
In the decision, the judges clarified the definition of a game of chance as a “game in which the outcome depends solely or predominantly on chance.” While loot boxes involve a random allocation of items, the judges emphasised that players influence the outcome of the game itself through tactics, strategy, and controller skills.
“The plaintiffs have failed to prove that the game in question is one in which the outcome depends exclusively or predominantly on chance,” the judgment states.
The debate over loot boxes has intensified in recent years, with critics warning that the mechanics mimic gambling, encourage compulsive spending and foster pay-to-win dynamics. Parents and advocacy groups have voiced concerns about their prevalence in games marketed to younger audiences, and several countries, including Belgium and most recently Poland, have regulated the mechanic.
The UK has opted for self-regulation but there have been claims that many ads for loot boxes break the industry’s own self-regulation code.
Electronic Arts took $4.4bn in “extra content” live services revenue in 2024, accounting for nearly 60 per cent of its $7.56bn net revenue. Other major video game publishers such as Activision Blizzard, Tencent and Riot Games also derive significant income from loot box sales.
