The Danish Gambling Authority. The liberalisation of the gambling market

Transcription

1 The Danish Gambling Authority The liberalisation of the gambling market

2 The Danish Gambling Authority The Act on Gambling (Danish Gambling Authority) The Act on Duty on Gambling (Ministry of Taxation/SKAT) Gambling legislation The Act on DanskeSpilA/S (Ministry of Finance) The Act on Distribution of Profits from Lotteries and Betting on Horse and Dog Racing (Ministry of Culture) 25. maj

3 Timeline First Act on Gambling Danske Spil (formerly Dansk Tipstjeneste) is founded DanskeSpilis allowed to advertise Lotto (The state lottery) is introduced 25. maj

4 Timeline DGA is established to administer gaming machines nationwide Online gambling starts to expand Poker Act The Gambling Act is unanimously passed by the Danish Parliament in June. The Danish trade organisation for gaming machines file a subpoena to the EU Commission (gambling duties) 25. maj

5 Timeline Deadline for the first round of applications on 17 October DGA receives a total of 44 applications (7 for restricted revenue licences) DGA publishes the list of 39 license holders on 22 December The Danish trade organisation for gaming machines file a subpoena against the EU Commission (gambling duties) on 30 November Opening of the partly liberalisedgambling market 25. maj

6 Changes in the Danish gambling market Liberalised Land based gaming machines Online casino Betting Partial liberalised Land based casinos Public poker tournaments Charity lotteries Restricted number of licences Lottery (monopoly) Online bingo Scratch cards Class lottery Horse and dog racing 25. maj

7 Protection of the monopoly - After the liberalisation there has been a pressure on the monopoly games. - A needfor ongoingsurveillanceand control. Differentsegments: The land based market vs. the online market - Therehas not beennotable changesin the marketdata. Monopoly Horse and Dog racing Lottery Bingo Scratch cards Lotto 3. oktober

8 Market data based on first quarter of 2012 Tax revenue (million EUR) Q E2012 Online casino 5,0 19,8 Betting 7,7 30,5 Gross gaming revenue (million EUR) Q E2012 Online casino 25,0 98,8 Betting 38,3 152,7 25. maj

9 Applications & License holders In October 2011 we received a total amount of: Applications (incl. the restricted revenue) Restricted revenue 7 51 We issued per 1st of January 2012: License holders (incl. the restricted revenue licenses) 39 Online casino license 30 Betting license 19 Restricted revenue license maj

10 Application for a license A licenseto provide online casinoor bettingis valid for up to 5 years The application fee is DKK 250,000 for online casino or betting The application fee is DKK 350,000 for a combined license The feefor submittingan applicationfor a restrictedrevenuelicense, with a fixedterm of 1 yearand grossgambling revenueof 1 M is DKK 50,000 License holders paya feeand duty The feeis DKK 50,000 1,500,000 dependingon the yearlyggr The dutyis 20 % of GGR 25. maj

11 Requirements for applicants Professional sound - Civil action, investigation etc. - Prior experience with gambling - Key individuals - Technical requirements(rofus, SAFE, Tamper Token) - White label contracts - Vendors- contracts Financial sound - Finansiel review - Assistance from accountingfirm - Set-off free account 25. maj

12 Good dialog and trust - to achieve a fair, transparent and accountable gambling market After issuing the licenses - Good dialog with the licenseholders - Ongoing meetings with the license holders - Trust betweenthe DGA and the licenseholders - Encourageand support the licenseholders to legallyenterthe Danish gambling market - Support information on the website 25. maj

13 Protection of the player - protect young and other vulnerable people from being exploited through gambling or developing gambling addiction. - To protect players by ensuring that games are provided in a fair, responsible and transparent manner. 25. maj

14 Protection of players - ROFUS - ROFUS a register of voluntarily excluded players. - ROFUS is placed with the Danish Gambling Authority. - Approximately 510 players has already registered in ROFUS. - It is possible to register temporary for 1, 3 or 5 month or permanent. Temporary 1 month 3 months 6 months Persons: Procent: 43 % 7 % 19 % 74 % Permanent % 25. maj

15 Protection of the player - measures Measures - Advertising ban - DNS blocking(internet blocking) - Blocking of payment transactions The measures willmakeit more difficultto playon illegal gambling sites and it willworkas an incentivefor playersto usea legal gambling operator. 25. maj

16 Protection of the player peer-to-peer gambling - Open platforms peer-to-peer gambling. - Benefits of the open platforms. - The regulation of open platforms in Denmark. - A regulated market enables protection of the players. 25. maj

17 Sanctions and tools Internet blocking - In the firstmonthsof 2012 the DGA has given 29 recommendations to operators without license - 57 websites containedillegal gambling activitiesaimedat Danish consumers of the recommendationshave beenmet. Payment blocking - has not beenusedyetand the DGA is still in dialog with the banks. 25. maj

18 Labeling schemed A new labelling scheme has been launched to provide safety regarding betting and online casino in Denmark. We do this because: - it provides safety to the Danish consumers - it provides licence holders the opportunity to show that they are legally operating in Denmark secure and safe - it strengthens the licence holders - together we can build a strong and legal market 25. maj

19 The gambling market today - The illegal market is very limited. - The DGA will continue to focus on protection of the consumers. - The DGA will continue to focus on protection of the licensees and their investment in the Danish gambling market. 25. maj

20 Thank you for your attention The Danish Gambling Authority Helgeshøj Allé Taastrup Denmark spillemyndigheden@skat.dk 25. maj

21 Joseph M. Kelly Frank Catania Canadian Gaming Summit June 13, 2012 U.S. Internet Gaming Developments Federal Legalization Bills, House of Representatives (1) Barton Bill (HR 2366), the Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2011, which presently has 30 co-sponsors. The Barton bill would legalize only online poker games in which the players play against each other. The licensing sections, , would create a dual federal/state licensing and oversight procedure with states having the choice of opting out of licensing. In late 2011, the House Commerce Manufacturing and Trade Subcommittee held hearings on the Barton and Campbell bill (which would have legalized all Internet gambling except for sports wagering). There has been no further action on any bill. There is consensus that no bill will be passed during the 112 th Congress, which means that any legalization attempt must be reintroduced in the 113 th Congress ( ). (2) Campbell Bill (HR 1174), would legalize all Internet gambling except for sports wagering. (3) McDermott Bill (HR 2230) would levy a 2% gaming deposit tax and a 6% state tax. (4) Sen. Reid and possible lame-duck session poker bill. There is consensus that if passage of any Internet gambling legalization were possible it would require attaching an Internet poker bill to an unrelated must pass bill in the lame-duck session of Congress. This is similar to the procedure by which the Unlawful Internet Gambling Enforcement Act was passed in October 2006.

22 Opposition to Federal Legalization (Poker) (1) Some, but not all, Native-American Tribes are opposed. Dean Kevin Washburn (University of New Mexico) is strongly in favor of federal instead of state legalization. (2) North America Association of State and Provincial Lotteries (July 2011). (3) National Governors Association (March 2012); five Governors have personally written letters opposing federal legislation (Utah, MD., N.C., IO. N.H.). (4) National Council of State Legislatures (March 2, 2012). Most Important U.S. Developments in Internet Gambling in 2011 U.S. DOJ Letter and Revised Position with Regard to the Wire Act The most important statute used by the U.S. Justice Department against Internet Gambling Operators and State-sponsored Internet gambling was the 1961 Wire Act (18 U.S.C. 1084). On December 23, 2011, the U.S. Justice Department released a letter and attachments that basically stated that the Justice Department for over a decade had erroneously asserted that the Wire Act applied to all Internet gambling, not just online sports wagering. It is significant that it was primarily the Justice Department s assertion of the Wire Act prohibition that prevented North Dakota in 2005 from legalizing Internet poker. Moreover, it was the U.S. Attorney s 2004 letter stressing the Wire Act to the Virgin Islands Casino Control Commission that was the primary reason the Virgin Islands did not implement non-sports Internet gambling from the Virgin Islands. Most States Have Yet To Enact Laws Legalizing Internet Gambling Existing Legalization Nevada has legalized intrastate online poker, and is issuing licenses to operators and suppliers. One Nevada regulator (Mark Lipparelli) has opined that only federal oversight will prevent a state by state race to the bottom Online intrastate lotteries are already operational in Illinois.HB4148 was introduced this May and would legalize many Internet games. Its sponsor hoped it would be operational in FY 2013, but it was withdrawn in early June. Other states, such as New York, are watching Illinois closely. The Virgin Islands legalized online gambling in 2003, but the process was halted by federal opposition.

23 Probable Legalization In New Jersey, SB 1565, introduced by Senator Raymond Lesniak on February 9, 2012, would impose an annual 10% tax on Internet wagering gross revenues, mandate strict regulatory controls on all Internet poker and Internet casino games, and impose various requirements to minimize compulsive gambling. Its companion bill in the Assembly would impose a 20% tax. Internet operators would also be required to take measures to ensure that all players were at least 21 and were intrastate gamblers. It is expected the bill will not be enacted into law until after the November election. In Delaware, HB 333 would allow sports lotteries and other intrastate Internet gambling, with the possibility of future interstate compacts. In Massachusetts, a proposed bill would allow three intrastate poker licenses. Legalization Unlikely in 2012 California accounts for 60% of the U.S. poker market. Bwin has signed an online poker agreement with a tribe that would be effective if California legalizes online Poker. SB 1463, introduced on February 24, 2012, would allow: (a) (b) (c) (d) An unlimited number of licenses, but each must have a connection with a state poker club or gaming licensee, Native American tribe, or horseracing operator; A 10% monthly tax on gross revenues; Poker only for two years; and A $30 million non-refundable license fee, with an application fee of between $1 million and $5 million. Problems: (a) (b) The Bill must be approved by August 31, 2012, by a 2/3 majority; and Strong Native-American opposition. A June amendment would require Native-Americans only to waive tribal sovereign immunity instead of tribal sovereignty.

24 Legalization attempts have been unsuccessful in Connecticut, D.C. (repealed legalization) Florida, Hawaii, Iowa, Maryland, and Mississippi 2012 Prohibition Utah, Maine (lottery) Other developments Not illegal at federal level (1) Interstate Interactive Horseracing (December 2000 Amendment) Although the U.S. Justice Department said it was illegal, statelicensed online interstate horserace wagering has had no federal problems. The U.S. was also found to be in violation of the GATS by the W.T.O. because it allowed interstate horserace wagering while excluding foreign countries. Will the December 23, 2011, letter of the Justice Department open the door to state-licensed horseracing operators to expand into other gambling areas? (2) Although Fantasy Sports Is Specifically Exempt from UIGEA Prohibition, Operators Should Still Avoid at Least Six States (Arizona, Iowa, Louisiana, Montana, Vermont and Washington) (3) Sweepstakes and Internet Cafes Operators sell Internet access time or long distance phone cards and purchasers also receive credit to play in an Internet sweepstakes game. Florida s game promotion law contains extreme regulations (security bond, posting of rules) and customers must not be required to purchase goods or pay an entry fee. Local Florida authorities have cracked down on Internet cafes. Some states, such as Indiana, have taken legal action against Internet cafes Often local governments will seize computers and other Internet café equipment instead of resorting to prosecution of operators. (4) Free Games Zynga ($6.5 billion market capitalization)has about 290 million players, but only about 1% pay for virtual goods, including poker chips, but that accounts for about 94% of Zynga s revenue; Caesars/Playtika, IGT/DoubleDown

25 (5) Sports Wagering Straight sports wagering is legal only in Nevada, which is estimated to account for about 1% ($2.87billion) of U.S. sports wagering. It is estimated that in New York City alone between $15-30 billion p.a. is wagered on illegal sports. The limitation is the result of the Professional and Amateur Sports Protection Act (PASPA), 28 USC 3701 et seq. (sometimes referred to as the Bradley Bill ), which banned state-sanctioned sports wagering. PASPA exempted sports wagering only in the four states that already had a sports wagering scheme between 1976 and August 1990: Delaware; Oregon; Montana; and Nevada. Alone among the states, New Jersey was granted a one-year window after passage of PASPA to enact sports betting legislation, but did not do so. An attempt by Delaware to add straight sports wagering was blocked in 2009 by the professional sports leagues. A New Jersey referendum in 2011 and state sports legislation approved intrastate sports wagering. The next step will be a constitutional challenge to PASPA. It is expected that in the near future, New Jersey will commence intrastate sports wagering instead of filing a complaint seeking a declaratory judgment or similar measure requesting that a federal judge uphold the New Jersey law and declare PASPA unconstitutional. Two New Jersey Congressmen have introduced bills that would respectively exempt New Jersey from PASPA or allow all states to legalize sports wagering. Neither has a chance of passage. New York also has pending legislation (S7401) that would amend the State constitution so as to legalize intrastate professional sports wagering. California is also interested in legalizing sports betting. In April 2012, SB 1390 unanimously (13-0) cleared a state senate governmental committee and in late May was approved by the full Senate (33-2) Sports wagering would be allowed at horse tracks, card rooms, Indian casinos and dozens of poker halls throughout the state if the bill is passed and the federal government s ban on sports wagering is overturned. California will be among the first states to cash in if New Jersey is successful in its expected court challenge to PASPA. ( Industry notes: California sports betting bill advances, April 30, 2012). Should New Jersey be successful, other states might also legalize online sports wagering, much to the disappointment of Mickey the Ant, Tony the Flea, and organized crime.

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27 P Critical Regulatory and Market Information for the Global Gambling Industry European igamingregulatory Changes Outlook for 2012 and Beyond Patrice Rodrigue, Senior Legal Analyst Canadian Gaming Summit 13 June 2012, Niagara Falls

28 EU Regulatory Data Map 2012: Online Gambling Online gambling regulated Online gambling prohibited Online gambling grey market 2

29 Recent Market Openings Belgium: Recently regulated online gambling, licences are attached to land-based licences. Blacklist now in force. ISP Blocking has been conducted since February. The Scarlet/Sabamcase may have an impact on the future of the blacklist Online tax is 11% of GGR. Everyone has adopted Wallonia tax rate Spain: Nearly a year after the approval of Law 13/2011, and six months later than initially expected by operators, the gambling regulator issued the first online gambling licencesin June operators applied for over 300 licences. Denmark: Deadline for licence application was October 2011,market opened on January 1, Over 60 applications received by over 40 operators, 57 licences issued.

30 Important Developments in Markets Already Opened: -United Kingdom -France

31 The United Kingdom: Bringing Operators Onshore Most gaming operations already regulated, EU and white list recognition about to end to close tax loopholes. 19 of the top 20 UK-facing operators are licensed and based abroad, mainly Malta and Gibraltar. Online tax is 15% of GGR, annual licence fee of over 155,000 to be imposed on all operators by 2014, according to last budget. A consultation is conducted by the Treasury until June 28, operators hope to bring this tax rate down. Taxation and licence fees are not the only reason for reform, the government argues that operators should not be able to avoid the oversight of the UK Gambling Commission, especially as problem gambling is rising.

32 France: Revision Process of 2010 Online Gaming Law Online gambling is legal since July 2010/ Heavy taxation/compliance costs have plagued operators. While the old duopoly have done very well by using their retail networks to promote online expansion. The French Competition Authority has issued a notice but has not intervened. PMU has scaled back while FDJ has stepped up their online marketing. Law being revised, amendments expected by November New games could be added (skill games). Socialist Party Senator said his party could review everything once in power. They have so far taken the Presidency and have done well in the first round of the legislative elections. The socialists had fiercely opposed the online market opening but are not expected to repeal the law.

33 Upcoming Market Openings

34 Germany: The Interstate Treaty vs. Schleswig-Holstein The German Interstate Gambling Treaty, which banned online gambling, expired on December 31, Under a new proposed treaty this ban will be lifted. The new treaty is backed by 15 states out of 16. It received detailed opinions from both the European Commission and Malta in 2011 and went through amendments in order to address the Commission s concerns. Among the changes to appease the EU, the number of available betting licences was raised from 7 to 20. The tax rate was lowered from to 5 percent of turnover and ISP blocking was dropped. Online casino games were also removed from the draft in Lotteries remain under a state monopoly and they will be able to offer products online. Some of them already do online lottery sales. The amended draft treaty was notified to the European Commission in December 2011 with state premiers noting at the signing of ofthe treaty that it shall only be introduced into state parliaments for ratification once it has been approved by the European Commission. Schleswig-Holstein was the only state which did not join the treaty, with its governing parties stating that they will not join a gambling framework, which they believe is not complaint with EU law. They have their own framework and have started issuing licences.

35 Other Upcoming Market Openings Ireland: Two Separate bills expected, one for betting, the other for casino gaming. Both bills are expected to regulate online gambling but delays could push the issue to Greece: A new framework has been proposed, which heavily favoursopap. There has been a complaint to the EU by the RGA. Some operators have been asked to pay back taxes in order to prepare for the market opening Other EU developments: Important developments in Bulgaria, Estonia, Hungary, Romania, Latvia, Lithuania and the Netherlands

36 Court of Justice of the European Union Interventions -Bet-at-Home Austrian Case: The operator and the Maltese government attacked the Austrian monopoly model as a purely commercial venture, the CJEU referred the question back the national courts to interpret local legislation. -Costa/CifoneItalian Case: CJEU found that rules surrounding the issuance of 7,000 new betting shop licences were skewed to protect incumbent operators, who had also been unfairly favoured in earlier tender offers : Gambling Cases continue as Polish case heard this month regarding notification process, HIT case, Scarlet/SabamBelgian case (not gambling but liability of ISPs discussed)

37 EU-Level Developments -Green Paper consultation saw 249 submissions, showing very disparate views from stakeholders. The CreutzmannReport was the EU s response, calling for common rules on consumer protection, formalised cooperation between regulators on online gambling. The report received bipartisan support and was approved by 736 MEPs in the EU parliament. -EU Internal Market Commissioner Michel Barnierpresented similar views, also calling for a better cooperation -European Regulator Platform launched, to pick up where GREF was deadlocked (online gambling). Belgium leading the way on this issue, adopting protective approach. -EU Commission has commented on the German Interstate Treaty and has also investigated state-aid issues in Greece and Denmark, clearing the new Danish law but finding that casino taxation relief in Greece was unlawful. RGA has complained on Greece.

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