iGB: Can prediction markets crack Europe’s regulatory wall?

By Martin Bjoerck (iGB) As prediction markets boom in the US, European regulators move swiftly to block them, exposing a widening a transatlantic divide over whether they are considered financial innovation or simply unlicensed gambling. In 2024, as Americans placed billions of dollars on the outcome of their presidential election, a curious new financial spectacle […]

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+++ MEET ALL GAMINGLAW.EU MEMBERS AT THE NEXT EVENTS +++ +++ MEET INDIVIDUAL GAMINGLAW.EU MEMBERS AT THE NEXT EVENTS +++ ___________________________________________________________________________ PARTNERS AND FOUNDERS OF GAMINGLAW.EU AND THEIR DIRECT PA CONTACTS Santiago Asensi (Asensi Abogados, Spain) PA to Santiago Asensi: Kerry Ruddle T. + 34 971 90 92 19 E. kerry@asensi.es Dr. Wulf Hambach (Hambach […]

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THE GAMINGLAW.EU FOUNDERS – LEADERS IN THEIR FIELD: The member firms of GamingLaw.eu act, whether individually or collectively, as the first port of call and reference for C-level executives, boardrooms and in-house legal counsels. The member firms of Gaminglaw.eu are advisors to the entire spectrum of companies active in the gaming “ecosystem”: land based and remote gaming […]

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Interview with Quirino Mancini, Partner, SCM Partners – The Italian market is really a must-be-there one – Legal Gaming Special

March 25, 2009 2009

A group like Grupo Lottomatica in its annual results for 2008 referred to the Italian Government’s “unprecedented” need for revenues as a driver for growth in its business this year.

Agreeing with the same, Quirino Mancini, Partner, SCM Partners, says the likeliest scenario in the short- /mid-run is that the Government needs to somehow fix or at least reduce the Treasury’s budget gap and this will pave the way to the legalisation and regulation of more gaming products such as online poker and other cash games.

In an interview with Bulletbusiness.com, Mancini spoke about the recent approval of the regulations by the Upper House and the future course of action on this front, chances of Italy to become a fairly flexible, and certainly improvable, regulatory model and other issues. Excerpts:

Earlier this year, you had mentioned that new online gaming regulations were being delayed despite being in the Italian regulator’s pipeline for several months now. Is there any development on that front?

The Upper House (Senate of the Republic) approved the regulations last week. They are in fact embedded in a piece of primary legislation which covers also other and unrelated matters and is aimed at implementing altogether various directives issued by the European Commission over 2008.

Such legislaion is now supposed to be reviewed, discussed and then approved also by the Lower House (House of Deputies). The relevant scrutiny process will probably start after the Easter break and will certainly take several weeks to complete.

Forecasting for gambling sector, you had recently mentioned that the deeper the recession, all the better for those anyhow engaged in the provision of offline/online gaming services in the Penisnula. But recently, shares in Italian lottery and gaming group Lottomatica fell by 5.3 percent to 12 euros after Goldman Sachs, which has a ‘buy’ rating on them, cuts the target by 10 percent to 20.3 euros. In fact, Goldman Sachs mentioned: “Despite the habitual nature of gambling, demand is not entirely impervious to economic performance”. How do you assess the overall sentiments related to gambling business specifically online at this juncture in Italy and what makes you bullish or bearish going forward?

Although the gaming sector too is suffering from the global recession times, I still take the view that solid and very diversified (in terms of both assets, operations and products) companies like Lottomatica profitably active on a worldwide scale are even today a good and reasonably safe shelter for those willing to invest their savings in the stock market, and of course Lottomatica is not the only one.

In terms of your expectations, Italy stands good chances of becoming a fairly flexible, and certainly improvable, regulatory model that other regulators could replicate elsewhere in Europe in the years to come. Can you elaboarte on what positive and negative factors are associated with liberalisation at this stage?

Quite frankly as long and as much as the Commission will not be able to harmonise the rules across Europe – something which is not exactly around the corner – I do not see any negative factors associated with a state-controlled liberalisation of the European gaming markets along the lines of the Italian regulatory model which indeed is ripe for being further refined and then exported, with some inevitable adaptations, across the Alps.

You had also mentioned that as per the legal & regulatory policy in Italy, the authorities have sort of tried to entice foreign operators to seek a local licence by opening up the domestic market through (i) the award of a large batch of new licences and (ii) a controlled yet progressive gaming liberalisation. When you say gaming liberalisation, how competitive do you think domestic and foreign gambling companies are as of today and how do you think this is expected to change in lets say the next couple of years?

There is in my view a very close and direct relationship between clear, uniform and fair rules, on one hand, and competition on the other.

Take the Italian example which I’m very familiar with. At the moment the local market is quite packed with nearly 40 operators already holding an AAMS-granted remote gaming licence yet they are not so competitive on the domestic market nor on the international one.

Indeed at the domestic level the various restrictions still partially in place in terms of games that are already legal and regulated versus those still illegal (like gambling), and the quite burdensome administrative requirements to be complied with by all AAMS licensees make the gaming offer pretty much standard and similar from one ‘.it’ platform to another so the operators do not enjoy enough freedom and flexibility to diversify enough their offers. By contrast at international level where such Italian regulatory hurdles like (i) the domestic-only pool liquidity rule for poker tournaments and (ii) the gambling ban is not in place and therefore online casino and Vegas-style gamess are allowed, the ‘.com’ gaming sites enjoy a big advantage business/operations-wise.

In a nutshell, the key to the best competiveness for foreign and domestic gambling companies is to provide and enforce the same (pro-liberal) rules for all and I very much hope that, in addition to the money factor, this will be the other driver for AAMS to complete its market liberalisation mission.

You had recommended realistic and swift action on part of gaming operators in terms of identifying opportunities and then acting in accordance with to the local licencing regimes. How do you think companies need to approach a market like Italy as this juncture? What sort of advice would you give to them for encashing on opportunities in an earnest manner?

The local market is already crowded but there still are fairly good business opportunities in terms of consolidation and integration between local and foreign operators.

I reckon that for every foreign operator seeking Italian market entry there are out there at least three or four potentially great business opportunities in terms of acquisition, joint venture or other commercial partnership deal. It is first of all a matter of generally knowing the hard facts and key rules of the Italian gaming market, having a clear understanding of what kind of business plans one wishes to launch in Italy, what kind of profile a suitable local partner should have and then conducting all necessary and appropriate due diligence checks to ensure that no time and money is wasted in pursuing the wrong strategy and/or an unfit prospective partner.

Italy, along with parts of Spain, has been targeted by several British bookmakers as the government has begun to liberalise its betting shop industry. But in July last year, William Hill withdrew from Italy after 18 months, writing off £1m and agreeing to sell its embryonic joint venture. In this context, how do you think some of the relatively bigger and established gaming and betting companies are going to approach Italy in the time to come?

To put it very simply, the record of the last three years, the number and identity of AAMS licences granted thus far shows that from the viewpoint of most international gaming operators the Italian market is really a must-be-there one.

Almost all of them with very limited and motivated exceptions are already active here and those who are not might soon call in or come back as the case may be. Money talks and last year the Italian gaming industry altogether generated a turnover in excess of €52bn.

Interview with Dr. Wulf Hambach, Partner of law firm Hambach & Hambach – Can France trigger a stone-by-stone trend towards liberalisation in Europe?

March 25, 2009 2009

Earlier this year, law firm Hambach & Hambach had acknowledged that the states are wounding themselves if they stick on to the old fashioned monopoly approach in times of the digital age.

Post that, there have been a couple of significant developments regarding the opening up of the online gambling sector in Europe.

While France has indicated about its plans to open up by the next year, a report was also released which urged the member states to hold talks on a “political solution” to online gambling-related problems instead of calling for new legislation by the European Commission.

Considering this it it vital to know if there is any healthy debate going on in Germany at the regulatory or political level which indicates that different stakeholders can benefit be it state, players or consumers with upliftment of ban or any restriction.

And according to Dr. Wulf Hambach, Partner of law firm Hambach & Hambach, there are positive signs as far as the liberalisation is concerned in Germany.

“I can promise you that there is indeed a healthy debate going on in Germany at the regulatory and political level. But behind closed doors as the Interstate Gambling Treaty – theoretically speaking – remains unevaluated until 2010. But believe me – many former proclaimers of the Interstate Gambling Treaty have already or are right now changing site to avoid unconvincing debates,” shared Dr. Hambach.

Over the past three years, the European Commission has been associated with Internet betting-linked infringement proceedings against 10 EU countries on the basis of the “freedom of movement of services” pillar of EU law.

For its part, France has recently unveilied plans to open up its Pari Mutuel Urbain monopoly to competition in 2010.

Going by the way France has unveiled plans to open up its Pari Mutuel Urbain monopoly to competition in 2010, Dr. Hambach thinks that this also puts some sort of pressure on a country like Germany to change its outloook.

“An unspoken internal EU gaming law expert principle has always been that if one of the following hardcore cartels breaks the EU monopoly chain, in total it is broken [referring to the likes of Germany, the Netherlands or France]. France from my perspective marks the beginning of domino effect in the direction of an EU wide step-by-step or to stay in the picture “stone-by-stone” liberalisation,” said Dr. Hambach.

Future still depends upon the development of the European law

The law firm had also categorically stated that the opening up of German gambling market depends on the development of the European law level and the future decisions of the European Court of Justice.

But in a recent setback for those who are pressing for EU-wide liberalisation of the gambling industry, MEPs in Strasbourg have endorsed a report which effectively upholds the existing right of member states to control gambling and sports betting. It has emerged that MEPs have by a huge majority voted against creating an EU-wide single market for online gambling, while branding the sector a risk-factor in fraud and addiction.

As per the information available, Deputies voted strongly in favour for the report by Danish Socialist member Christel Schaldemose on the `integrity’ of online gambling. In total, 544 voted positive with 36 against and 66 abstentions. The document urges member states to hold talks on a “political solution” to online gambling-related problems instead of calling for new legislation by the European Commission, which is invited only to produce research into the sector.

Referring to the current approach, The Remote Gambling Association (RGA) has mentioned that unfortunately many people have deeply ingrained anti-gambling prejudices and, of course, there are powerful vested interests that are opposed to the opening up of markets in the EU.

Assessing the sentiments, Dr. Hambach, says he still feels the same as far as the opening up of the sector is concerned.

“If – as I assume – the ECJ in its Santa Casa case decides in favour of the freedom of services and against the (incoherent) monopolistic regime in Portugal the path towards a liberalisation in Portugal and other member states with comparable legal background is open. And the EU Parliament and its members are not empowered to restrict the principle of the EU Treaty. But the EU Gambling Directive will not be realised (at least) within the next two years considering the attitude of various MEPs,” Dr. Hambach told Bulletbusiness.com.

This report asks – indirectly – for more legislative power for the individual member states to implement as many gambling restriction tools as possible arguing with the great dangers/damages caused by especially the private e-gambling sector, said Dr. Hambach.

He added, “But the report does not have a legal (binding) character like e.g. an ECJ judgement or an EU Directive and can be seen as one of the many existing reports on the anti-gambling front. The effect of this report on Germany is – in my opinion – is: To avoid an explosion of Germany´s black Internet gambling market through the present Internet gambing ban the customer protection will be realised in Germany through a cancellation of this ban. The installation of an in every respect efficient licencing regime in 2010 or 2011 is a likely scenario in Germany – e .g. to avoid further negative consequences for Germany´s Internet users.

Going forward, he still expects a continuous step-by-step liberalisation i. e. member state by member state and not vice versa.

France to open up online gambling from next year

March 18, 2009 2009

France will open its gambling market to competition and begin to grant online betting licences in 2010.

Online operators, including non-France-based companies, will be granted five-year licences to take bets from French residents on sport and poker. Lotteries and slot machines will remain under state control. For their part, operators will be required to provide measures that prevent children from gambling online and control addiction.

The bill would end the monopolies enjoyed by Pari Mutuel Urbain, the state horse race betting operator, and Francaises des Jeux, which runs lottery games and sport betting for the government. Pari Mutuel Urbain, had annual revenue of €9.3 billion last year. La Française des Jeux had revenue of €9.3 billion in 2007.

The minister, Eric Woerth, said the gambling market in France would be expanded to adapt “to Internet reality” and help France “get out of an unsustainable situation in which the state is losing a growing part of the betting market.”

As part of the plan, which will be presented to the cabinet at the end of the month, the government will introduce a levy of about 7.5 percent on Internet wagers on sports events and horse races, and of two percent on online poker wagers, according to the draft legislation.

The illegal online industry is worth around €7bn ($9bn) and comprises 25,000 sites, said Mr Woerth.

Related Links

France may pass a law authorising online gambling by end of 2009

France could be moving towards a conditional recognition system

Understanding the impact on online gambling ads with the opening up of the French

Time for some interesting battles in online gambling regulatory environment in Europe

A call for harmonised rules across the EU to tackle gambling addiction properly

EU-wide liberalisation of the gambling industry gets a jolt

March 18, 2009 2009

As per the information available, the European Parliament by 544 votes against 36 supported a non-binding report into Internet betting by Danish Socialist MEP Christel Schaldemose.

Although the report calls on the European Commission to “carry out studies and make appropriate proposals,” it also puts forward the idea that EU member states could control individual national gambling markets instead of being compelled to adhere to a uniform code.

Online gambling provides increased opportunities for corrupt practices such as fraud, match-fixing, illegal betting cartels and money-laundering, as online games can be set up and dismantled very rapidly and as a result of the proliferation of offshore operators, according to the report.

An alternative report, supported by UK centre-right MEP Malcolm Harbour, argued that internal market rules should apply to gambling activities but was heavily defeated, reported theparliament.com.

Related Links:

Time for some interesting battles in online gambling regulatory environment in Europe

A call for harmonised rules across the EU to tackle gambling addiction properly

An effort to lift ban on online gambling in the US

March 18, 2009 2009

A senior Democratic lawmaker is to push for passing of legislation to repeal a three-year-old U.S. ban on Internet gambling that has hurt trade ties with European Union.

“I’m going to be pushing it,” House of Representatives Financial Services Committee Chairman Barney Frank recently said at a press conference to lay out his agenda for reforming U.S. financial regulation.

With the Democrats in the U.S. Congress drafting legislation to repeal a controversial three-year ban on online gambling, Rep. Barney Frank, D-Mass., said he will work to see the legislation passed.

In 2006, Congress attempted to curtail online gambling in the U.S. by barring businesses from knowingly accepting payments in connection with unlawful Internet gambling. This includes payments made through credit cards, electronic fund transfers and checks.

The US could receive as much as $51.9 billion in federal revenue over the next decade if Internet gambling is regulated as proposed in legislation introduced by Representatives Barney Frank (D-Mass.) and Jim McDermott (D-Wash.), according to an updated analysis.

The new revenue estimates are approximately 22 percent larger than those of an earlier analysis prepared by PricewaterhouseCoopers in 2007, reflecting the increased online gambling activities of Americans despite attempts to prohibit activity through passage of the Unlawful Internet Gambling Enforcement Act of 2006.

Related Links:

Key Congressional Committee votes to clarify Internet Gambling ban

Legal Gaming in Europe Summit 2013 – Summary Day 1

Legal Gaming in Europe Summit 2013 Day 1 Summary Video







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International Gaming Law Summit 2011 Highlights Video



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