Commission Finds US Gaming Laws in Violation of Int’l Trade Laws
It was a lengthy but detailed investigation that came to the ultimate conclusion shared by many in the global poker industry: the United States’ internet gaming laws and prohibitions violate international statutes. The European Commission, which serves as the executive branch of the European Union, officially issued its long-awaited report regarding the non-compliance of the U.S. with World Trade Organization (WTO) rules and urged the American government to resolve the issue with expediency to prevent legal action.
The European Commission began its investigation after the 2006 passage of the UIGEA and a complaint by the Remote Gambling Association, as many companies based in Europe fled from the U.S. market for fear of possible prosecution and subsequently lost billions of Euros due to the loss of customers. While some European companies took significant hits, others went out of business completely. And after a lengthy inquiry into the matter, the European Commission issued its initial report only three months into 2009, along with a formal complaint filed with the WTO for international trade law violations.
On June 10, the final report was released with a message from the European Union suggesting that the United States consider engaging in negotiations with the E.U. in order to resolve the matter without legal action being taken. At the basis of its findings was the UIGEA, which “constitutes a barrier to market access on E.U. economic interests.” Further, the companies that lost business due to the passage of the U.S. law have lost billions of dollars in lost revenue and stock market value. The report strongly urged the U.S. to repeal the law so as to become compliant with the WTO.
In addition, the European Union noted that U.S.-based companies that allow horse racing wagers but do not allow foreign companies to compete in the same market are participating in a discriminatory practice that violates the international code. Equally significant is the assertion that companies like Las Vegas Sands Corporation offered free internet games to Europeans without allowing other companies to fairly compete.
While the E.U. claims it has a case for legal action through the WTO, one that could seek compensation for lost revenue for billions of dollars insomuch as some gaming companies have claimed nearly $100 billion in losses thus far, the union would rather open negotiations with the Obama administration to reopen the gaming trade. In light of the global recession and the intention of President Obama to renew and solidify relations with Europe, the E.U. hopes legal action can be deferred and a better solution reached.
Jeffrey Sandman, spokesperson for the Safe and Secure Internet Gambling Initiative (SSIGI), a United States lobbying organization, was quick to comment on the report and corresponding E.U. stance. “The European Commission report provides yet another reason why the administration and Congress should support pending legislation to regulate internet gambling, which would resolve the trade agreement violation and better protect consumers. The Obama Administration should seek to forge a new direction on internet gambling, rather than keeping in place a protectionist trade policy that hypocritically discriminates against foreign online gambling operators.”