"What is despicable is that it is advertised as an auction site, not a gambling game." If the winner becomes the winner because he bid the highest price, then

"What is despicable is that it is advertised as an auction site, not a gambling game." If the winner becomes the winner because he bid the highest price, then it's an auction. Since when are auctions considered to be games? Sure, it's an auction in which bidders must pay to bid, but are there laws that ban the charging of fees for participation in an auction?