7 12 December 2008

News:

Sporting bodies are aiming to create a 'competition organiser's right', which would require gambling operators to pay event organisers before the start of a sporting event in order to be able to offer bets on that event.

The UK Advertising Standards Authority (ASA) banned an ad giving odds on airlines going bust, on 10 December. The ad - by Irish bookmakers Paddy Power - was found to be in breach of the Committee of Advertising Practice (CAP) Code for unfairly discrediting the airlines mentioned, although offering the bets is not illegal under the Gambling Act 2005.

A US court of appeals heard an oral argument against a Kentucky county court Seizure Order of 141 domain names associated with online gambling, on 12 December.

Features:

While creating new legislation requiring operators to approach sporting organisations for permission to offer odds on their events seems like an improbable task, operators should be concerned that the proposal has received support from MEPs.

As an eventful 2008 draws to a close, we asked members of our editorial board to present their views on what the key issues in online gambling would be during 2009. The responses are set out in this article.

Almost all parties in Ireland agree that the current gambling laws do not adequately address online gambling. Most also believe that the regulation of online gambling could provide tax revenue and jobs, yet the progress of legislative reform appears to have stalled. Deirdre Kilroy, a Partner with LK Shields Solicitors, examines why this has happened despite recommendations from the Casino Regulation Committee's report that a regulatory framework be established for online gambling.

Participants in fantasy sports leagues typically pay a fee to participate, which is then used to allocate a cash prize to the 'winner' of that league, after points have been allocated to participants based on the performance of 'real life' players. Linda J. Shorey, Dennis M.P. Ehling, Robert A. Lawton and Anthony R. Holtzman of K&L Gates LLP examine if US law - which prohibits wagering on sport - applies to the operators of fantasy sports leagues.

Spain's Castilla-León autonomous region recently announced that it planned to regulate online gambling, despite the fact that Spain appears to be considering federally regulating online gambling. Santiago Asensi, a Partner with Asensi Abogados, examines technological developments enabling regional governments to pinpoint where an online gambler is located, however points out that most online gambling companies are not likely to be interested in obtaining a licence that limits them to one jurisdiction.

The High Court decision in 'Betfair v Western Australia' opened the door to claims that restrictions on betting put in place by Australian States or Territories are unconstitutional. Jamie Nettleton, a Partner at Addisons, examines the merits of the various claims and the implications of the 'Betfair' decision.