PlayStation owners could get £162 payouts each if a £2bn class-action lawsuit claiming that millions are overcharged for games on the console is successful, the legal team behind the case claims. Consumer champion Alex Neill is bringing the antitrust claim on behalf of an estimated 12.2m users, accusing Sony of levying “excessive and unfair” charges on downloads from its PlayStation Store.

It’s due to be heard by the Competition Appeal Tribunal in London unless a last-minute settlement is reached. The PS5 has sold more than 90 million units since its release in 2020, becoming one of the top 10 best-selling games consoles. In its earlier incarnations, PlayStation games ran on disks. You can still buy physical copies of games, though most are downloaded from the PlayStation store on the PS5, the latest generation.

The standard version of the PS5 allows gamers to either purchase disks or download games online. A cheaper Digital Edition of the console has no disk drive, though you can buy one separately.

The case claims Sony has unfairly profited from the shift to digital, which has been driven by changing consumer preferences and faster internet connections.

Robert Palmer KC, representing the claimants, said in court documents that Sony’s “closed ecosystem” has rendered digital users an “entirely captive class”.

The lawsuit argues that Sony eliminates competition by prohibiting rival download systems and uses its market power to charge developers and publishers a 30% commission on digital purchases, which is then passed on to consumers.

The claim is being brought on an “opt out” basis, meaning eligible consumers are automatically included unless they specify otherwise.

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Anyone who bought a digital PlayStation game or an in-game download over a period of about 10 years to February this year could be eligible for compensation if the lawsuit is successful.

The claimants’ legal team estimates that the claim covers 12.2 million users, who could be in line for £162 each, equating to almost £2 billion in total.

This is an estimate of how much they have been allegedly overcharged, plus 8% interest.

Sony, in its defence to the claim, has told the court that its distribution model is justified, partly because permitting third-party stores for downloads would introduce security and privacy risks.

The company has also said it invests heavily in hardware, selling consoles at a relatively low margin to build a user base, and that the commission on digital sales is part of a cross-subsidisation strategy to cover these costs.