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European Gambling Briefing

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Over 150 professionals met in Brussels for the 2nd annual European Gambling Briefing to discuss the regulatory, legal and business changes and challenges shaping the European betting industry both at a national and EU level.

Day one started with Christofer Fjellner and Jacques Toubon, Members of the European Parliament, stating that as the pressure on the European Commission to act against member states intensifies, it seems a contest between the European Commission and British bookmakers versus EU member states. The day continued with country-specific case studies and an in-depth analysis of legal developments in the states most influencing the gambling debate within the EU:

Italy – Europewide implications of the blocking of foreign-licensed online betting sites, latest progress in the Placanica case and Italy’s response to the threat of an infringement case.

Malta – Update on the regulatory environment for igaming in Malta and its special position within the European igaming arena. LGA\’s Chief Executive Mario Galea focused on the Authority\’s role in evaluating the controversial moves against Maltese-licensed internet gaming sites by France and Italy.

Netherlands – Post-Gambelli developments, including a focus on the implications of the De Lotto vs. Ladbrokes & Betfair cases, an update on the proposed amendment to Dutch law seeking to deny access to the market for foreign remote gambling operators and warnings from the European Commission over plans to award Holland Casinos an exclusive online license.

Germany – Wulf Hambach, Partner of the Hambach & Hambach law firm, looked at the implications of the Constitutional court decision on March 28, the response of the Government to the threat of an infringement case and how far will liberalization of the sports betting industry go and what are the implications for the World Cup and beyond.

UK – Tom Kavanagh, Deputy Chief Executive of the UK Gambling Commission presented an update of the UK gambling scene, as the Gambling Commission’s post-Act License Conditions and Codes of Practice consultation period comes to an end. He also focused on advertising restrictions for domestic and overseas operators and competitiveness of the UK gaming license in Europe.

There were also talks of market growth and regulatory changes in Eastern Europe, a US round up with an analysis of the implications for the European betting industry following the passage of the Goodlatte\’s bill and an overview of the regulatory environment for online gaming in key markets in Asia.

Later in the day, Thibault Verbiest, Senior Partner with ULYS law firm, looked into the growing issue of competition law in the context of gaming and how this might be the new battleground for lawyers representing private operators.

Day two started with Martin Sychold, Staff Legal Advisor of the Swiss Institute of Comparative Law and Project Manager of the Study of Gambling Services in the EU Internal Market, stating that the report on the impact of laws regulating online gambling services in the Internal Market is not complete, and it represents merely the beginning of a process of understanding the European market.

The day continued with The Great Debate, which brought together both sides of the arguments for or against greater liberalization and cross-border competition in the European gambling sector for an interactive and frank debate.

Trade associations, regulators and gaming operators, each had the chance to present their opposing views in what was a passionate exchange. Mark Davies, Managing Director of Betfair, commented “If we do not allow the customer to exercise choice of product offering, the result is that black markets benefit. Therefore while the debate rages on state monopolies, the black market wins.”

After an analysis of business opportunities and barriers to growth in European gaming, the second day ended with the Closing Panel summing up the findings of the two days\’ debate with a clear prognosis on the future of European gaming: “The debate on the future direction of European gaming at a regulatory level is still raging strongly and the operator and supplier community are also taking great notice of developments as they impact on business potential.”