Italy vs. Activision Blizzard: What Gamedev Teams Need to Know About Dark Pattern Liability

As the gaming industry surges ahead into 2026, new regulatory risks are making waves, particularly for mobile game development teams. The Italian competition regulator, AGCM (Autorità Garante della Concorrenza e del Mercato), recently launched high-profile investigations into Activision Blizzard, specifically targeting Diablo Immortal and Call of Duty Mobile. These investigations focus on the use of dark patterns and potentially "misleading and aggressive" monetization practices. The spotlight on these tactics raises critical questions for game developers worldwide: when does creative monetization cross into legal peril, and how can studios effectively navigate these challenges without sacrificing profitability?

The Core Allegations: What Developers Need to Know

The AGCM alleges that certain design elements in Diablo Immortal and Call of Duty Mobile manipulate users—especially minors—into extended playtimes and in-app purchases. Specific claims include:

• Strategies inducing players to avoid missing out on time-limited rewards (FOMO tactics).
• Difficulty in understanding the real monetary value of in-game currencies.
• Bundling of in-app purchases to nudge players into spending more than intended.
• Advertising these games as "free-to-play" despite heavy reliance on paid elements for progression.

These allegations underline a crucial point for game developers: monetization strategies that lack transparency or exploit behavioral tendencies may not only provoke regulatory scrutiny but also harm the user experience and brand reputation.

Why Dark Pattern Liability Is a Growing Concern in 2026

Dark patterns—user interface designs that manipulate choices for the designer’s benefit—are no longer a gray area in regulation. Recent developments, such as the European Union's Digital Services Act (DSA) and evolving consumer protection frameworks in regions like the U.S. and Asia, are explicitly targeting manipulative UX practices.

Key trends include:

• Child Protection Emphasis: Regulators increasingly focus on preventing harm to minors, a group most susceptible to psychological manipulation in games.
• Transparency Requirements: Laws like the DSA mandate clearer representations of costs, odds (e.g., for loot boxes), and terms of service.
• Global Coordination: Agencies like the AGCM are collaborating more closely with international counterparts to enforce compliance on a global scale.

In short, studios cannot rely on jurisdictions with lax rules to evade accountability. Developers must proactively adopt compliant practices to remain competitive.

Breaking Down the "Misleading and Aggressive" Practices

The AGCM investigations shed light on monetization patterns that regulators increasingly find problematic. Let’s dissect these practices:

1. Exploitative FOMO Mechanics

Time-limited rewards, countdown timers for purchases, and event-specific loot often trigger urgency in players, a known dark pattern called "Scarcity." While effective for driving engagement, these mechanics can influence consumers to spend money impulsively, especially when the consequences of inaction aren’t transparent. Developers should consider offering alternative ways to earn rewards to mitigate regulatory risk.

2. Obscured Value of In-Game Currencies

Purchasing bundles of virtual currency without a straightforward link to their real-world value leaves players—particularly minors—vulnerable to overspending. Inconsistent pricing schemes or hiding necessary conversions erodes trust. As of 2026, platforms like the Google Play Store increasingly require currency breakdowns in comprehensible terms.

3. Pushy Purchase Flows

Poorly designed user flows that make it easier for players to spend money than to cancel purchases (e.g., pre-checked add-ons or complex refund mechanisms) also raise red flags. Studios should implement clear, accessible opt-out options for transactions.

4. Monetization Impacting Progression

Pay-to-progress systems where free players are severely limited—or lose out entirely—can further alienate audiences and prompt regulatory backlash. Focus on balancing progression mechanics: introduce skill-based rather than purely monetary advancement opportunities.

Proactive Steps: Redesigning Systems for Profitability and Compliance

How can game developers balance profitability with compliance and ethical design? These actionable strategies can help:

1. Emphasize Transparency

Provide players with clear information about costs, odds, and currency conversions. For example:

• Display direct currency values next to in-game prices.
• Clearly label loot box odds.
• Offer detailed breakdowns of "bundles" to show what players are buying.

2. Enforce Age-Gating and Parental Controls

Ensure robust measures to protect minors. This includes requiring consent mechanisms for purchases and offering customizable spending limits. Integrate frictionless parental control features into your platform’s UX design.

3. Ethical UX Design

Shift away from reliance on dark patterns. Instead, focus on:

• Positive Reinforcement: Reward engagement rather than penalize disengagement.
• Choice Architecture: Present balanced options that empower user autonomy.
• User Testing: Conduct frequent UX audits to identify pain points that could be construed as manipulative.

4. Monitor Legislative Updates

Integrate regulatory awareness into your development pipeline. Regularly consult legal and compliance teams to ensure your monetization strategies are in line with current and forthcoming laws.

Future-Proofing Your Studio's Compliance

By 2026, staying competitive in the gaming industry hinges not only on innovative gameplay but also on responsible monetization practices. Studios that incorporate transparency, ethical UX, and child-centric safeguards into their designs will build lasting player trust and avoid hefty penalties like those potentially headed Activision Blizzard's way.

"A compliant game is not just a legal necessity—it’s a competitive advantage."

Final Thoughts: Adapt, Innovate, Thrive

The gaming industry's regulatory landscape is evolving rapidly. As the AGCM's investigations indicate, the cost of ignoring compliance goes far beyond fines—it damages relationships with players and partners. Game developers and publishers must act now to audit their UX and monetization strategies, ensuring they meet the standards of transparency, fairness, and player satisfaction.

Start today by conducting an internal compliance review. Build systems and experiences that not only generate revenue but also keep regulators and customers on your side. Reach out to legal and UX specialists to future-proof your studio's success.

Related Reading

• From Convenience Stores to Your Kitchen: Why Smaller Olive Oil Formats Are Winning
• New Loyalty Landscape: What Frasers Plus Integration Means for Sports Direct Shoppers
• LEGO Zelda Ocarina of Time: Build It, Mod It, and Stream the Final Battle
• Surviving Platform Shutdowns: How Writers and Publishers Can Archive and Repurpose Content
• The Evolution of Gut‑Targeted Prebiotic Formulations in 2026: Clinical Signals, Consumer Demand, and Lab‑to‑Shelf Strategies