Level Up: a legal guide to the video games industry.
Following some turbulent years after the COVID-19 pandemic, the video games industry is evolving at a remarkable speed, driven by advances in AI, shifting consumer behaviours and an ever-changing regulatory landscape. The sector has not only grown in scale but also in complexity, presenting opportunities and challenges for developers, publishers and investors.
Despite certain game studios reportedly downsizing their headcount, the market continues to grow at pace. Recent figures show that the global gaming market was valued at US$362 billion in 2025 and is forecast to reach US$991 billion by 2033. A large portion of that market is attributable to the US and China, however, key markets such as Japan, South Korea, the UK and the EU play a key role.
Mobile gaming has emerged as one of the fastest-growing platforms, driven by its low barrier to entry and global reach. This has prompted significant investment from leading developers and investors. Meanwhile, the rise of cloud gaming, virtual reality and user-generated content platforms such as Roblox and Minecraft continue to reshape the way video games and related content are developed, monetised and experienced by consumers.
Recent market data shows that there is everything to play for within the video games industry and investors are making bold moves. We’ve seen record-breaking deals, including the acquisition of Activision Blizzard by Microsoft for a reported US$75 billion and the acquisition of EA (Electronic Arts) by a consortium for a reported US$55 billion. However, the industry is facing increasing scrutiny, which is bringing new challenges for stakeholders. Regulators worldwide are demanding greater transparency, fairness and accountability – principles that are now central to game design and monetisation strategies. The introduction of the EU Digital Markets Act and the UK Digital Markets, Competition and Consumers Act 2024, has ushered in robust reporting and compliance frameworks, which stakeholders must navigate to avoid sanctions and maintain their reputation within the gaming community.
This second edition of Level Up provides a comprehensive overview of the legal, commercial and regulatory issues shaping the industry today. Whether you are working on IP strategy, navigating consumer law, structuring investment deals or simply exploring this dynamic sector, we hope this guide serves as a valuable resource.
Level up guide
The games industry is booming: Our Level Up guide breaks down all the legal essentials every games business needs to know.
Levels 1, 4 and 5
Intellectual property
The video gaming industry is a creative powerhouse—but behind every blockbuster title lies a complex web of intellectual property. In this video, Charmaine Kwong highlights the importance of protection IP in videogames, going into the challenges of third-party IP and licensing arrangements.
Level 2
AI-generated content
AI generates everything from landscapes to characters, adapting gameplay and simulating realistic environments. But as AI’s role grows, so do legal questions. In this video, Don McCombie delves into some of the challenges – and possibilities resulting from the use of AI in videogames.
Level 6
Financing and investment
The videogaming industry is booming, with investment pouring in. In this video, Matt Warner provides insight into the pros and cons of financing options, how M&A deals work in gaming and why due diligence on IP, compliance and key talent is crucial.
Level 8
Consumer rights and protections
As online gaming evolves, protecting consumer rights is more important than ever. What should developers and publishers know? Alex Walker analyses some of the key considerations.
Level 15
Antitrust
The growth of the videogames industry also brings scrutiny. Antitrust law is now front and center—impacting developers, publishers, platforms, and esports organizers. Peter Mucchetti unpacks some of the antitrust risks and opportunities in the sector.
