Olswang Gambling Law Update - August 2008


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Turf TV litigation: judge upholds the status quo

Following a trial heard throughout May and June, judgment was handed down today in the litigation between BAGS and Turf TV. The judgment covers only the allegations in the case concerning exclusive rights agreements, and rejects both BAGS' claims against Turf TV and, as a consequence, Turf TV's counter-claims. The result is that there will be no change to current rights agreements.

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Tote continues to meander to uncertain destination

As referred to in our last update, the Government confirmed in March that it was preparing to sell the Tote on the open market and had appointed Goldman Sachs to advise it. A further statement from the Minister for Sport, Gerry Sutcliffe, whilst confirming the Government's intention to continue preparation for a sale, also contains the caveat that "the Government will need to be satisfied that it is right to proceed with the sale in the light of current market conditions".

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Levy to roll on?

Perhaps bookmakers should offer odds on which will happen first – the sale of the Tote or the abolition of the Levy?

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Steps taken to open gambling services in the EU and beyond

We have previously reported on the Commission's latest round of proceedings initiated against EU Member States which continue to restrict licensed online gambling operators from competing with State monopolies. Below we report both on Member States' responses to the Commission's action and the ways in which gambling operators have been seeking to protect their commercial rights in the national courts of EU Member States.


Mixed news in France
National courts refer key questions to the European Court of Justice
Sweden's gambling restrictions subject of continued attack
Italy continues steps to license remote operators
Denmark gambling monopoly's days may be numbered
Spain to regulate online gaming operators by 2009
Legislative reform planned in Ireland
Poland also plans legislative reforms
Turkey to privatise national lottery
US dismisses RGA complaint
Shake-up of gambling regulation in Victoria, Australia

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ASA less impressed with gambling ads

In our last update, we reported on the high level of compliance demonstrated by gambling advertisers over the first few months of the qualified deregulation of gambling advertising. However, since then, the ASA has upheld complaints against a number of operators (including William Hill, Paddy Power and InterCasino) in respect of their advertising campaigns.

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Ofcom proposal on gambling channels / teleshopping

As reported in our previous update, Ofcom's consultation on its proposal to re-classify TV gambling channels as teleshopping services closed on 19 March. Ofcom has now indicated that no decision is expected until Autumn.

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Non-commercial societies to hit the jackpot

The DCMS has recently announced a proposal to double the maximum jackpot and maximum amount raised in respect of licensed non-commercial society lotteries.

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The Gambling Commission and DCMS guidance and consultations - recent highlights

The Gambling Commission has published changes to its licensing structure and fees, which are relevant to anyone seeking a new or renewed licence.


Fee and Licensing Structure Changes
Proposed Gambling Act 2005 (Gaming Machines in Bingo Premises) Order 2008
In-running Betting - Issues Paper
Guidance to Licensing Authorities
Advice to Police Services

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The information contained in this update is intended as a general review of the subjects featured and detailed specialist advice should always be taken before taking or refraining from taking any action.