Olswang Gambling Update - December 2009

This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.

What's in this issue:

Australian Productivity Commission Draft Report on Gambling: What Does it Mean for the Gambling Industry?

The Australian Productivity Commission recently released its Draft Report on Gambling. The Draft Report represents a significant milestone in Australian gambling regulation and precedes a Final Report to be released in February 2010.

Online Gambling Opens Up in France

Under pressure from the European Commission, the French government tabled a bill in March 2009 which moves towards a limited opening of the online gaming market only. The stated objectives of the bill are to prevent addiction, protect minors, ensure the integrity and transparency of gaming operations and fight fraud and money laundering.

Legal Reform for the European Gambling Sector

Since the European Court of Justice's BWin Liga/Santa Casa judgment was published in September, many Member States have interpreted this as a justification for maintaining a State monopoly in the provision of gambling services. Meanwhile, many other Member States continue to debate national legislation which will allow (at least some) competition in their national gambling markets.

Product Placement Consultation: Implications for Gambling

The DCMS has recently issued a consultation seeking the public's views on product placement on television, with a view to allowing it. As this represents something of a u-turn by the Government, the focus is unsurprisingly on the safeguards that should be put in place. Equally predictably, one of the specified areas of concern for the DCMS is gambling product placement. Readers with an interest in ensuring gambling providers are able to undertake product placement are advised to read and respond to the consultation accordingly.

Tamimi v Khodari: Pre-September 2007 Gambling Loans Potentially Unenforceable

If, prior to September 2007, you loaned or borrowed money for the purpose of future gambling, or for the repayment of gambling debts, and the loan in question is yet to be repaid, this article is essential reading.

Kentucky Domain Names Dispute Continues

The state of Kentucky's attempted seizure of the domain names of selected gambling operators has now been referred to the Kentucky Supreme Court, while an English court has refused to enforce Kentucky's forfeiture and seizure orders in the UK.

Turf TV Litigation Finally Concluded

The two year court battle between BAGS, William Hill and Ladbrokes and the racecourses that established the Turf TV service has finally ended.

A Round-Up of DCMS and Gambling Commission News

The Gambling Commission has issued new guidance on organising small lotteries and promoting society and local authority lotteries. Organising small lotteries provides advice on lotteries that do not require a licence or registration (such as private society lotteries) and promoting society and local authority lotteries provides advice for those operators who do need to apply for a licence from the Gambling Commission or register with their local authority. There is also a general Gambling Commission guidance note on running a lottery.