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Online Gambling Lawyer

Volume: 14 Issue: 7
(July 2015)


News

The UK High Court has found in a 14 July judgment that there is a need to refer to the Court of Justice of the European Union (‘CJEU’) issues of European law raised by the UK Finance Act 2014, which implemented the point of consumption (‘PoC’) tax regime and is the subject of judicial review brought by the Gibraltar Betting and Gaming Association (‘GBGA’), in which the Gibraltar Government has intervened in the proceedings. / read more

Brazil’s Senate approved on 13 July Provisory Measure (‘MP’) 671/2015, which would create two new lotteries: an instant win lottery - ‘Lotex’ - involving the iconography of football clubs, and a fixed quota lottery on the results of sporting competitions, which some commentators have hailed as the emergence of legal sports betting in Brazil. / read more

PokerStars confirmed on 7 July that it will go ahead with a series of policy changes to ban certain third party assistance software used by players to access data or obtain advice during poker play. / read more


Features

The concept of pooling poker liquidity has often been highlighted as a means to reverse the decline in online poker witnessed over the past decade. Liquidity pooling is a reality in Delaware and Nevada thanks to an agreement between the two US states, but merely a recurring topic of conversation between regulators and lawmakers in Europe, where it is back on the agenda in France for example thanks to a new draft digital rights bill. Here, Warwick Bartlett, Chief Executive of Global Betting and Gaming Consultants explores why the dream of widespread pooled poker liquidity has yet to come to fruition, and what might need to change for it to become a reality. / read more

The new Portuguese law on online betting and gambling came into force on 28 June and the regulatory framework is set to be fully completed by early August. Despite these developments, Joăo Alfredo Afonso and Miguel Cortes Martins of Morais Leităo, Galvăo Teles, Soares da Silva & Associados argue in this article that there are still parts of the new legal framework that are of serious concern for operators. / read more

Recent changes to the Gambling Commission’s Licence Conditions and Codes of Practice (‘LCCP’) mean that all operators offering into Britain are explicitly required to comply with the UK Codes of Non-broadcast and Broadcast Advertising (‘the CAP Codes’). Additionally, the Committees of Advertising Practice, who are responsible for the CAP Codes, have been reviewing the Codes insofar as they apply to sales promotions. Anna Mathias, Barrister at Woods Whur discusses how both of these changes affect online gambling operators. / read more

The withdrawal of Ladbrokes from the Danish market in early July was followed by a call from the Danish Online Gambling Association for further reform. Ladbrokes’ move highlights that while the so-called ‘Danish Model’ has been applauded as a modern legislative regime for the online gambling sector, it is not perfect. Lawyer Henrik Norsk Hoffmann questions in this article the reasons for Ladbrokes’ departure, and explains why he thinks that the Danish gambling regulator should take Ladbrokes’ exit seriously. / read more

Following from a regional administrative case on allegedly unlicensed gambling machines operated in an Austrian petrol station, the Court of Justice of the European Union and three instances of Austrian administrative courts had to (once again) deal with the question of whether the Austrian gambling monopoly complies with EU law. While the authority had imposed administrative fines, the operator of the petrol station lodged an appeal arguing that the Austrian monopoly would violate EU law and, as a consequence, no sanctions may be applied. In the Pfleger ruling the CJEU confirmed its case law, stating that inconsistent monopolies violate Article 56 TFEU and trigger the inapplicability of national sanctions. In the latest ruling at national level, the competent administrative court considered the Austrian gambling monopoly as incompatible with the market freedoms, in particular due to the business practices and aggressive advertising on the part of the monopoly and the Austrian legislator’s failure to provide evidence for the necessity of restrictive measures leading to a lack of justification under overriding principles of EU law and CJEU case law regarding restrictions of the EU market freedoms. Arthur Stadler and Nicholas Aquilina of Brandl & Talos Attorneys at Law report on the case and its most recent (but not yet final) decision. / read more

The Spanish gambling regulator (the Dirección General de Ordenación del Juego - ‘DGOJ’) recently published its yearly report on the gambling market in Spain for 2014. It is worth reviewing the report to get a picture of a consolidated - but still evolving - marketplace. / read more

Reforms to the Dutch gambling sector were initially set to enter into force on 1 January of this year, but while the legislation itself has been delayed, the Netherlands’ gaming regulator, the Games of Chance Authority (the ‘KSA’), has been busy, for example by enforcing existing gambling legislation on illegal operators offering into the Netherlands and agreeing advertising rules for operators looking to obtain a licence under the forthcoming new regime. Richard van Schaik and Robin de Wit of DLA Piper discuss the road to reformation in the Netherlands with a focus on the KSA’s approach over recent years. / read more


About Online Gambling Lawyer

The monthly publication exploring legal issues affecting operators in online gambling and gaming, on a global basis. Topics covered included licensing, offshore operators, mobile gaming, gambling payments, fixture lists and database rights, online poker, social gaming and gambling, online liquidity, advertising, sports betting, in-play betting, eSports, fantasy sports (DFS), Bitcoin gambling, and gambling fraud, as well as in-depth discussion of legislation such as the Fourth Anti-Money Laundering Directive and the US Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA)... / read more

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