Antitrust Lawsuit Against Valve Over Steam’s Anti-Comp. Practices Becomes Class Action

Wolfire Games and Dark Catt Studios have been granted permission by a US court to turn their ongoing antitrust lawsuit against Valve into a full-fledged class action. This development means the case could now involve many more parties, potentially broadening its scope significantly.

According to court documents (thanks GamesIndustry.biz), this ruling allows any developer, publisher, or individual who has paid Valve a commission for game sales on Steam since January 28, 2017, to join the lawsuit. This includes anyone who has been subject to the platform’s 30% commission on sales.

Background of the Lawsuit

The legal dispute began in 2021 when Wolfire Games, the studio behind Overgrowth and Receiver 2, accused Valve of exploiting its dominant market position by taking an excessively high commission on all Steam sales. The company claims Valve’s 30% cut is an example of anti-competitive behavior that harms both developers and consumers alike.

Initially, the lawsuit was dismissed in November 2021 after a judge ruled that the claims did not sufficiently demonstrate antitrust harm in the relevant market. However, Wolfire was granted the opportunity to amend its complaint, which the studio did promptly.

Around the same time, Dark Catt Studios, a multimedia production and VR game developer, filed a similar lawsuit against Valve. While this claim was also partially dismissed, Dark Catt was permitted to pursue certain aspects of its case.

The Latest Court Ruling

In July 2022, a court order consolidated the cases filed by Wolfire Games and Dark Catt Studios into a single lawsuit. Now, with the most recent decision, the class action certification means the case could grow significantly. Other developers and publishers who have paid Valve’s commission can now join the lawsuit, potentially making this legal battle much larger and more challenging for Valve.

The judge also denied Valve’s request to exclude expert testimony from Dr. Steven Schwartz, whom the two studios have called upon to support their claims.