Eternal Duel

About Eternal Duel

On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.

The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.

There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.

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Additionally the report cited taxing consumers (in 29% of the 28 markets covered), and banned products (14%), were also propelling growth in illegal gambling. A lack of choice, due to monopolies in place in five markets has also driven the rise.

Players typically play across various verticals, and by imposing restrictions on specific verticals or betting markets, engaged customers will look elsewhere to access these activities.

“If a customer finds black market sites that have all their preferred betting and gaming options, convenience dictates they will transfer a broad range of their expenditure there. Consumer recycling means that banning or restricting key products has a broader distortive impact on the entire market,” the report noted.

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“Although each jurisdiction has its own legal system, market characteristics and regulatory priorities, many of the challenges we face are increasingly global. Combatting the illegal market, preventing money laundering, protecting consumers and ensuring betting integrity require ever-greater cooperation among regulators from different countries.”

Macorin will attend the IAGR Annual Conference in Peru (19-22 October). There, regulators and industry representatives from around the world will discuss emerging challenges and opportunities in gaming and betting regulation.

“IAGR is extremely grateful for Fabio Macorin’s willingness to dedicate his extensive talents to representing South America at a pivotal time for gaming regulation across the region,” said IAGR Vice President Brian Krolicki.