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A View of European Gambling Regulation from the Perspective of Private Operators

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Chapter Summary

Since 1994 the European Court of Justice (ECJ) has confirmed several times that gambling services are, of course, economic activities within the scope of the EC Treaty, the gambling market is at present far away from forming a real internal market. There are highly fragmented regional and national markets and regional and national monopolies for games of chance or special forms of gambling (lotteries, gaming machines, sports betting etc.). In some member states, the state itself is offering gambling products or has mandated a state-authorised operator to do so. While upholding its monopoly, these member states are trying to bar foreign private operators from other member states access to the market. Nearly all state operators have, at least in some respect, gone too far and allowed turnover/profit-orientation to predominate over their key objective of limiting and controlling gambling.

Keywords: European gambling regulation; European union; gamblingservices; German Federal Constitutional Court; monopolies; private operators



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