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MONOPOLY UPHELD IN E.C.J. FINDING

9/8/09 - The long-running litigation between Austrian online gambling giant Bwin and the Portuguese state betting monopoly Santa Casa has entered a new and negative phase following a ruling from the European Court of Justice.
 
The Court has found that the Portuguese government's gambling monopoly may comply with European Union law, ruling that the prohibition which Portuguese legislation imposes on operators such as Bwin (operator of betandwin.com) of offering games of chance via the Internet may be regarded as compatible with the freedom to provide services, if it is designed to combat fraud and other crimes.

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The case has its roots in an attempt by Santa Casa to halt a sponsorship deal involving the Portuguese football league that allowed Bwin to advertise website links to fans.
 
The ruling will be regarded with disappointment by many online gambling firms interested in challenging the monopolistic tendencies of several European Union member nations. Such challenges are based on the right to free movement of goods and services across the borders of EU member nations, but the new ECJ ruling appears to qualify and restrict this basic principle.
 
The ECJ was involved in the dispute when the local Portuguese court in Porto referred the matter for guidance to the ECJ. The finding by the superior court will now be handed down to the Porto judiciary who will make a final ruling on the case - setting an EU precedent.
 
A statement is expected from Bwin shortly.
 
The European Gambling and Betting Association (EGBA) was quick to comment on the Court's finding, observing that it included the wording that restrictions imposed by a Member State “...must be suitable for achieving the objective or objectives invoked by the Member State concerned, and they must not go beyond what is necessary in order to achieve those objectives. Lastly, in any event, those restrictions must be applied without discrimination.”
 
Sigrid Ligné, Secretary General of the EGBA remarked: “Given the stringent anti-fraud regulations applicable to EU licensed operators which ensure a high level of integrity, transparency and traceability over online gaming transactions, we do not believe those conditions are met. Several jurisdictions in the EU already prove that it is possible to guarantee a high level of consumer protection and have a well regulated and competitive online gaming market at the same time.”
 
Ligne observed that the judgment should also be seen in the context of the increasing number of Member States that are now in the process of rethinking and redrafting their gaming legislation.
 
"As has been obvious for all other consumer markets before, none of the Member States currently drafting legislation has chosen a monopoly model to regulate this modern Internet based market," she said.
 
When InfoPowa went to press Tuesday, Bwin shares had taken an almost 10 percent hit on the news.

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Gambling News :

Amaya FY2016 Trading Update - The Montreal-based Amaya online gambling group has issued a trading update covering FY 2016 and improving its forecast revenue and earnings numbers.

Another Mega Fortune Dreams jackpot for Euro 3.5 million - In a statement Friday NetEnt advised that the lucky player is a 62-year-old woman from central Finland who won the seven-figure sum from a Euro 1 stake.

Stanleybet has filed a legal action against the government of Cyprus - Bookmaking firm Stanleybet has filed a legal action against the government of Cyprus, claiming Euro 12.5 million as compensation for what it claims is loss of profits and opportunities, prejudice to image and business reputation and legal costs.

LeoVegas To Sponsor Leicester Tigers - The agreement includes official partner accreditation, media space at Welford Road stadium and matchday tickets and VIP hospitality as well as two pitchside perimeter boards from the 2017/18 season and one for duration of the 2016/17 season.

Optima Information Services iShop - Industry visitors to the recent TVC Bookmakers Trade Fair in Solihull, UK were much taken by Spanish betting technology firm Optima Information Services' iShop product, and the company went on to win the SBC Best Retail Betting Product award with it last month.

Golden Nugget Las Vegas Launches New Betting App - Golden Nugget Las Vegas has unveiled a sports wagering app offering Nevada punters the comfort and convenience of being able to wager from anywhere in the state.

CAGAYAN CHIEF MOVES TO REASSURE LICENSEES - Apparently $4 million is going into improvements of the Authority’s data centre in the Freeport at Cagayan, whilst another $3 million has been earmarked for an upgrade to data infrastructure located outside the Freeport.

New Massachusetts Online Gambling Bill - It seems that every two years (give or take a few months) Massachusetts state Senator Bruce Tarr flights an online gambling legalization bill in the state Senate.

Las Vegas Sands Fined for foreign bribery allegations - #lasvegassands Las Vegas Sands, the land casino company owned by multi-billionaire US mogul Sheldon Adelson, has again had to cough up a stiff penalty for non-compliance with the law.

Libratus AI Program Destroying Human Poker Opponents - #Libratus With 40,340 hands played (about a third of the 120,000 planned) Dong Kim is down $29,506, whilst Jimmy Chou ($113,7728), Daniel McAuley ($141,877) and Jason Les ($186,489) are all carrying losses.

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