Ruling of the District Court of Rotterdam: Epic’s objection declared unfounded
In its ruling of January 14, 2026, the District Court of Rotterdam ruled that the Netherlands Authority for Consumers and Markets (ACM) was correct to impose fines and a binding instruction on Epic International Games S.à.r.l. (Epic), the developer of the computer game Fortnite.
What was this case about?
In 2024, ACM imposed fines totaling 1,125,000 euros as well as a binding instruction on Epic for unfair commercial practices targeting children in the computer game Fortnite.
ACM found that children playing the game could experience pressure in various ways to make purchases, for example, through advertising that directly exhorted children to make purchases as well as through the use of misleading timers. ACM also found that Epic exploited children's vulnerabilities through various design choices in the Item Shop. This is at odds with the requirements of professional diligence. Following the sanction decision, Epic complied with the binding instruction, and implemented a number of changes to Fortnite in order to end the violation.
After the ACM had declared Epic's objection to its decision unfounded, Epic filed an appeal. In its appeal, Epic did not contest the violation relating to the use of misleading timers, nor did it contest the amount of the fines imposed on it.
How did the court rule?
The District Court declared Epic's appeal unfounded, and ruled in favor of ACM on all points. According to the court, Epic directly exhorted children to make purchases in the Fortnite Item Shop, and acted in violation of the requirements of professional diligence. The court found that ACM was right to assess Epic's commercial practices from the perspective of children under the age of 18. The court also ruled ACM was allowed to issue a binding instruction, and that it had sufficiently substantiated this binding instruction.
Parties still have the opportunity to file an appeal with the Dutch Trade and Industry Appeals Tribunal (CBb), which is the highest administrative-law court in the Netherlands.