SPORTS BETTING MONOPOLIES REACHING A CRITICAL POINT

Every Member State in Europe has a wide discretionary power to choose which specific restrictive measures will be taken to achieve the purpose of containing the consumer’s natural propensity to gambling and suppress the incitement to squander money on gambling. To this date Member States have not selected the same degree of protection nor the same measures. The selected measures range from introducing a licensing system for gambling service providers to even imposing private monopolies. ECJ’s decision in the famous Markus Stoss case answered what was supposed to be the last of many questions on betting monopolies and oligopolies. However there is one last case scenario that remains unanswered. In some countries sports betting monopolies are entrusted to companies listed on the stock exchange without any obligation to implement a responsible gambling policy. These questions have recently been referred to the ECJ. Is the ECJ’s answer to these questions going to be the beginning of the end for sports betting monopolies in Europe?