1.

Sony Interactive Entertainment Europe Limited (hereinafter referred to as SIEE), based in London
(United

Kingdom), is the exclusive supplier of PlayStation consoles and related peripherals, as well as

developer and publisher of console video games for Europe, the Middle East, Africa and

Russia, parts of Asia, Australia and New Zealand. Furthermore, SIEE creates and is responsible

the packaging of the PlayStation 4 consoles.

2. Sony Interactive Entertainment Network Europe Limited (hereafter SIENE) is a company

wholly owned by SIEE. SIENE manages the PlayStation Network and the Playstation Store

online in the territory where SIEE is operating.

3. Sony Interactive Entertainment Italia S.p.A. (hereafter, Sony Italy), based in Rome, is one

company wholly owned by SIEE. Sony Italia is the exclusive supplier of consoles and related

PlayStation and game peripherals to resellers in Italy.

4. SIEE had a total turnover at 31/03/2017 of 4,898,000,000 euros, SIENE equal to

2,280,000,000 euros and Sony Italia amounting to around 247,000,000 euros. Below, the three
companies will be

referred to, collectively also as "Sony Group", or as "professional", pursuant to art. 18

letter b) of the Consumer Code.

5. The procedure concerns the behavior put in place by the professional in the promotion

and sale of the PlayStation 4 console and video games through the PlayStation Store, with

reference to the lack and / or omission of information about the need to sign

the paid PlayStation Plus subscription to be able to play multiplayer online with

other players.

6. The lack of information primarily concerns the packaging of the PlayStation 4 product, in

which information on the need for a PlayStation Plus paid subscription for

being able to play multiplayer online is not made available to the consumer in clearly and
immediately perceptible, since it is reported, with a

very small and difficult to read font, only on the back of the pack.

7. Secondly, the deficiency and / or omission of the information provided also concerns the process

to purchase video games remotely through the Playstation Store application that can be accessed

from the Playstation 4 console, from the group's website (//store.playstation.com/it-it) and from the
App

dedicated for Smartphone. During the purchase process it is not clearly highlighted
and from the first contact, the fact that a PlayStation paid subscription is necessary

Plus to be able to use the video game in online multiplayer mode.

III. THE RESULTS OF THE PROCEDURE

1) The procedure

8. Based on reports from some consumers1, on 15 and 21 March, 27 and 30 April 2018,

as well as 20, 27 and 28 September 20182, official surveys were carried out on the Playstation Store
(both

website that dedicated App) and acquired the related web pages in the proceedings

screenshots.

9. On May 8, 2018, the preliminary investigation procedure PS11068 against the

Sony Interactive Entertainment Europe Limited and Sony Interactive Entertainment Italia

S.p.A., in relation to two alleged incorrect commercial practices: a) the first concerning the

lack of information regarding the fact that a paid subscription is necessary

PlayStation Plus to be able to use the game in online multiplayer mode, in violation

of the articles of articles 20, 21, paragraph 1, letters b) and d), and 22 of the Consumer Code; b) the

second relating to the alleged interposition of obstacles to the consumer, where the consumer tries
to

withdraw from the remote video game purchase contract through the Playstation Store, for

possible violation of articles 24 and 25, letter d) of the Consumer Code.

10. With subsequent deed of 5 June 2018, the preliminary investigation was extended

subjectively to Sony Interactive Entertainment Network Europe

Limited, as SIEE, on May 23, 2018, communicated that the company Sony Interactive

Entertainment Network Europe Limited is responsible for managing the Playstation application

Store, thus highlighting the involvement of the latter company in the creation of the

commercial practice subject to the proceeding.

11. The professional provided information and presented defensive briefs on 15 June

2018, 11 July 2018 and 3 October 2018.

12. On 4 October 2018, the date of conclusion of the preliminary investigation phase was
communicated to the Party

pursuant to art. 16, paragraph 1, of the Regulations.

13. On 23 and 31 October 2018, the defense brief was received, pursuant to art. 16, paragraph 1,

of the Regulation on preliminary procedures, by SIEE, SIENE and Sony Italia.

2) The evidence acquired

a) The video game market in Italy

14. The video game sector in Italy, which in 2017 achieved a total turnover of

almost one and a half billion euros, with a strong growth trend compared to 20163, includes two

large categories of products: a) consoles (such as Playstation 4) and gaming accessories;

b) video game software.

15. The console and accessory segment includes a number of devices, such as

Playstation 4, which can use video games designed for the specific console. That segment

represents just under 30% of the total turnover of the video game industry, with a

turnover of around 333 million euros in 2017. In Italy in the same year they were sold

altogether over 1 million and 250 thousand consoles.

16. According to a survey conducted in January 2018 commissioned by the European Federation

Interactive Software (ISFE) in collaboration with the AESVI Developer Publishers Association

Italian video games, Playstation 4 is the most widely used game console in Italy among video gamers

who use console4.

17. The software segment includes video games intended for different gaming platforms

such as consoles, PCs, tablets and smartphones. It is the most relevant market segment, with a
weight of over

70% of the total turnover of the video game market in 2017 and a turnover

total of over one billion euros. Video game software can be divided into two

large categories, i) physical software and ii) digital software (which is what can be downloaded at

distance via websites and applications):

i) physical software is the product category that includes console and PC video games

in packaged format, which are sold through the traditional channels of the great

distribution in the form of DVD discs, CDs or other physical media. It has a value of about 370

million euros in 2017;

ii) digital software is the product category that includes video games that can be

downloaded remotely via websites and applications. This category includes, among others5, the

video game downloads through dedicated stores of individual consoles (such as

PlayStation Store, which can be accessed through the Playstation 4) consoles, the software

digital for PC and console, as well as APP for smartphones. Digital software is the extra segment
strong expansion in recent years, generated a turnover of over 650 million euros in 2017.

b) The PlayStation 4 console, the Playstation Store and the PlayStation Plus subscription

18. Based on the elements acquired during the investigation, it emerged that the console

PlayStation 4, marketed by the Sony group, has been sold to the public since November of

2013 through a package that includes only the console, or in numerous different ones

bundled with one or more video games 6. Sony has its own online store dedicated to

Playstation called PlayStation Store, through which you can buy video games

produced by Sony itself or by third parties. The PlayStation Store can be accessed through the
console

PlayStation 4, via a smartphone APP, as well as via a dedicated website.

ii) digital software is the product category that includes video games that can be

downloaded remotely via websites and applications. This category includes, among others5, the

video game downloads through dedicated stores of individual consoles (such as

PlayStation Store, which can be accessed through the Playstation 4) consoles, the software

digital for PC and console, as well as APP for smartphones. Digital software is the extra segment

strong expansion in recent years, generated a turnover of over 650 million euros in 2017.

b) The PlayStation 4 console, the Playstation Store and the PlayStation Plus subscription

18. Based on the elements acquired during the investigation, it emerged that the console

PlayStation 4, marketed by the Sony group, has been sold to the public since November of

2013 through a package that includes only the console, or in numerous different ones

bundled with one or more video games 6. Sony has its own online store dedicated to

Playstation called PlayStation Store, through which you can buy video games

produced by Sony itself or by third parties. The PlayStation Store can be accessed through the
console

PlayStation 4, via a smartphone APP, as well as via a dedicated website.

22. On the back of the package, on the right side together with numerous other claims

information, there is a yellow rectangle regarding the PlayStation Plus service.

Inside the rectangle, in five different languages (generally English, Dutch, German,

French and Italian), with a very small font, there are several indications on

characteristics of the service. As an example, the 2013 package has the following

indication “Join PlayStation Plus to access an instant collection of games,

engaging multiplayer experiences and much more ”. Then there is an asterisk on the term
PlayStation Plus which refers to a further separate indication which, with an even more character

small and difficult to read (always in five different languages), reports the following information

"Paid registration fee", without, however, clearly indicating that in the absence of

subscription is not possible to play multiplayer online9.

23. An indication of the need to take out a paid subscription in order to play

Online multiplayer is only provided to potential buyers at the bottom of the

packaging, along with numerous other legal notices, again with a font

small in size and difficult to read. The indication provided is as follows: "To access

Paid subscription is required for multiplayer online sessions of PlayStation 4

to PlayStation Plus. […] ”(see fig. 2 the circled part). That information, however, according to

what is indicated by the same professional10 and verified in the proceedings, is reported

on the back of the PlayStation 4 product packaging only from the year 2015.