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Published: Updated: 
4 min read

Italy's Antitrust Crackdown on Gaming Monetization Signals Rising Policy Enforcement (68)

Italy's AGCM launches dual investigations into Activision Blizzard's dark patterns and aggressive in-game purchases, marking tactical regulatory enforcement against predatory monetization. Window opens for gaming studios to audit compliance posture ahead of broader EU enforcement wave. (159)

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  • Specific violations: FOMO-driven design, currency bundle obfuscation, default settings allowing child spending without parental consent, aggressive consent-harvesting for data collection

  • For game studios: This is the enforcement signal. Audit dark pattern usage and default permission settings now—the window for compliance action is open before regional enforcement waves hit

  • Watch for: Similar investigations rolling through EU countries and potential structural regulatory rules on free-to-play monetization by mid-2026

Italy's antitrust regulator just opened fire on Activision Blizzard's monetization tactics in Call of Duty Mobile and Diablo Immortal, alleging "misleading and aggressive" sales practices designed to extract spending from users, especially minors. The AGCM's investigation zeroes in on dark patterns—FOMO mechanics, currency opacity, weak parental controls—that have become standard industry practice. This is enforcement momentum, not a structural market shift, but it signals a policy consensus that's hardening across regions: monetization transparency is now table-stakes compliance.

The moment is textbook enforcement: Italy's AGCM lands two separate investigations into Microsoft's Activision Blizzard, citing what amounts to a masterclass in extractive game design. The regulator's complaint reads like a field guide to dark patterns—reward systems designed to create artificial urgency, virtual currency priced to obscure real spending, default settings that let children burn through parental budgets without friction.

DisabledInformal language: Diablo Immortal players can spend up to $200 on cosmetics and progression acceleration. Call of Duty Mobile uses the same playbook. Both games market themselves as free-to-play, which technically they are. But the AGCM's investigation targets something more specific: the deliberate architecture of spending friction removal. The regulator writes: "These practices, together with strategies that make it difficult for users to understand the real value of the virtual currency used in the game and the sale of in-game currency in bundles, may influence players as consumers—including minors—leading them to spend significant amounts, sometimes exceeding what is necessary to progress in the game and without being fully aware of the expenditure involved."

That's the crux. Not that these games monetize. That's table-stakes for free-to-play. But that they've engineered psychological friction removal at scale. The AGCM specifically flags default parental controls that allow unrestricted spending and long play sessions, and consent mechanisms that nudge users toward maximum data harvesting. These aren't bugs. They're features.

Why now? This isn't Italy's first rodeo on consumer protection. The AGCM has been watching the free-to-play sector for years. But what's shifted is enforcement capacity and regulatory consensus. Korea cracked down on loot boxes in 2023. China tightened gaming time restrictions on minors. The EU has been building its Digital Services Act framework around dark patterns. Italy's move signals something important: regional enforcement is now synchronizing. AGCM isn't acting in isolation—it's part of a broader policy wave that treats monetization transparency as non-negotiable.

The evidence is tangible. Both games rely on what researchers call "soft spending friction removal."" Players see timers counting down on limited rewards. Currency bundles are priced to force overspending (buy a $10 pack to get a cosmetic worth $9). Progression acceleration costs are hidden behind UI complexity. These mechanics generate player spending that often exceeds rational purchase intention—the behavioral economics equivalent of a casino floor.

For studios, this represents a constraint on design freedom that's already being priced into investor expectations. Free-to-play studios have known for two years that regional enforcement was tightening. The question was timing and scope. Italy's dual investigation suggests scope is expanding. The AGCM is examining two different games, which means the issue isn't one-off overreach—it's structural industry practice.

But here's the inflection: this doesn't crash the free-to-play model. It constrains the most aggressive variants of it. Studios can still monetize. They just can't hide monetization behind dark patterns. The business math changes. Diablo Immortal and Call of Duty Mobile generate significant revenue from whales—high-spending players exploiting these design patterns. If parental controls become default-restrictive and currency values must be transparent, that revenue stream flattens. Estimates suggest 20-30% revenue impact for games relying heavily on soft spending friction.

Activision Blizzard's response—silence so far—is telling. They know what's coming. If the AGCM findings are substantive (and the complaint structure suggests they will be), the company faces enforcement costs, potential fines, and design rework requirements. But bigger: this sets precedent. Once Italy establishes findings on specific dark patterns, other EU regulators copy-paste the investigation framework. France did this with GDPR enforcement; Spain follows. The regional enforcement cascade is real.

What matters for different audiences: Investors monitoring gaming stocks need to price in regulatory cost as structural. Companies like Take-Two, Electronic Arts, and Roblox are all exposed. The question isn't whether enforcement happens—it's when and how broadly. Decision-makers at game studios should treat this as urgent. Audit compliance now, while the penalty structure is still being defined. Build transparent monetization architecture before enforcement arrives at your door. Builders and engineers: the dark pattern toolkit is shrinking. Design for compliance-first, then monetization, not the inverse.

The timing calculation is straightforward. Italy's investigation will take months to close. Findings will likely land mid-2026. By then, expect 2-3 additional EU member states with similar probes. That's when studios face real design pressure—when enforcement becomes multi-regional and penalties become precedent. Early movers who audit and redesign now have 9-12 months of runway. Late movers get surprise rework mandates.

This is enforcement momentum, not market transformation. Italy's investigation into Activision Blizzard's monetization practices doesn't kill free-to-play gaming—it constrains the most aggressive variants. The real inflection is timing. Game studios have a compliance window from now through mid-2026 to audit dark pattern usage, transparent monetization architecture, and parental control defaults. Investors should price regulatory cost as structural to gaming revenue going forward. Decision-makers need 90-day audit plans. The next threshold to watch: similar investigations landing in France, Spain, and Germany by mid-2026. When enforcement becomes multi-regional, design constraints become non-negotiable.

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