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Among the more pernicious forms of video game monetization, the much-reviled loot box, a digital capsule of collectible goods, faces ever ratcheting calls for regulation within the European Union. This past June, a group of twenty consumer rights organizations from eighteen European nations formally called on EU authorities to regulate the industry practice viewed as deceptive and predatory. Accounting for $15 billion in revenue in 2020 alone, including $1.6 billion in sales from publisher Electronic Arts’ (“EA”) various sports titles, loot boxes comprise a sizable chunk of industry revenue streams. They are here to stay it seems, at least for now. With over three billion gamers in the world, the function of loot boxes, their current implementation, and the current landscape for regulation merits discussion in guiding American policy going forward.

This post was originally published on the Cardozo International & Comparative Law Review on November 7, 2022. The original post can be accessed via the Archived Link button above.

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