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Regulatory News - - - - - - - - - - - - - - - - - - - - - - - - - 7
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Exposed + + + + + + + + + + + + + + + + + + + + + + 21
IGAMINGNEWS WHITE PAPER | Introduction
Data consultancies and analysts agree the Internet poker market is growing,
though it is controlled by a small number of operators targeting the United
States.
Currently, there are around 600 poker Web sites and 38 poker networks
operating from different licensing jurisdictions around the world.1
In the 2009 calendar year, Global Betting and Gaming Consultants, a data
consultancy, expect online poker will grow 10.8 percent, year over year, to $3.9
billion in gross gambling yield.
Both companies target the United States, where a number of prohibitive state and
federal laws target online poker directly or indirectly.
Rounding out the top five, now, are the European firms Playtech Ltd.,
PartyGaming and Bwin Interactive Entertainment A.G., which control 9.6
percent, 6.9 percent and 4.2 percent of the traffic, respectively.
None of these companies takes play from the United States. All are publicly
traded.
Generally speaking, the UIGEA makes illegal the processing of online gambling
money transactions; after considerable delay, its final regulations were issued in
1 Latest estimate of PokerScout, a Web site that tracks online poker traffic in real time.
2 Since the 2004 calendar year.
3 The author arrived at this figure by adding the respective seven-day averages of
PokerScout.com's top 20 sites, then dividing each seven-day average by the seven-day-average
sum.
November 2008. Financial institutions covered by the law were given until
December 2009 to comply with the regulations.4
Should those institutions begin enforcing the UIGEA from late 2009, business for
PokerStars, FullTilt and other United States-facing poker operators could be
disrupted, though the magnitude of that disruption remains difficult -- if not
impossible -- to assess.
Assessing the law's impact on traffic distribution, arguably, has become even
more difficult in light of a new federal bill that, if enacted, would push the
UIGEA's compliance deadline back to December 2010.5
Despite this expectation, however, only a very small number of deals have been
consummated in the 12 months to May 2009.
4 Mark Hichar, The UIGEA Regs | A Lawyer's Analysis, IGAMINGNEWS, Nov. 17. 2008,
<http://www.igamingnews.com>.
5 Christopher A. Krafcik, Frank Delivers New Bills, IGAMINGNEWS, May 6, 2009,
<http://www.igamingnews.com>.
IGAMINGNEWS WHITE PAPER | Regulatory News
In 2009, a number of jurisdictions around the world have elected to include
Internet poker in legislative proposals.
In early 2009, a bill called the California Online Poker Law Enforcement
Compliance and Consumer Protection Act was submitted to the state's Legislative
Analyst.
In its current form, the bill instructs the California State Gambling Commission,
in conjunction with the state Department of Justice, to draft and adopt
regulations for the implementation of an online intrastate poker network.
It is likely, however, that the bill will be amended should it pass through the
Legislature.
As of May 2009, the bill remains without a sponsor in the state Legislature, but is
being supported by its citizen sponsor, a grassroots advocacy group called the
Poker Voters of America.
Florida
An appropriations bill in the Florida Senate, SB 682, was amended on April 16,
2009, with language calling for the state to conduct a study on Internet poker.
Before the legislative session concluded on May 1, however, the Internet poker
study language was added to a House bill, HB 425.
As of May 8, HB 425 had been enrolled -- meaning it had passed both chambers
of the state Legislature -- but had yet to be signed by Governor Charlie Christ.
Barney Frank is the chair of the House Financial Services Committee and, in
recent years, has emerged a powerful ally of the Internet gambling industry.
In April 2007, he introduced a bill called the Internet Gambling Regulation and
Enforcement Act, which, if successful, would have seen online gambling legalized
and regulated in the United States.
The bill garnered just 48 co-sponsors, the majority of whom, like Mr. Frank, were
Democrats.
Lobbying
Lobbying remains an art delicately practiced in the United States, with land-
based casinos, racing interests, religious conservatives, sports leagues, the
banking industry and I-gaming advocacy groups all pushing Internet-gambling-
related agendas.
IGamingNews expects lobbying spend to have risen considerably in the first and
second quarters of the 2009 calendar year, given the expected introduction of
Barney Frank's new bill. Figures have yet to be released.
France
Eric Woerth, the French budget minister, in early March unveiled a proposal that
would see portions of the country's online gambling market opened to
commercial competition.
France generates about 5 billion euros each year from licensed gambling
operations, which include horse betting, sports betting, casino gambling and
lotteries, a person briefed on Mr. Woerth's proposal told IGamingNews.
Under the new proposal, which was presented to the French Cabinet in late
March, three sectors will be liberalized: parimutuel horse betting, fixed odds
sports betting and online poker.
The person said these sectors will be opened, in part, because they're popular, but
also because the government considers them to be the least addictive forms of
wagering. Not surprisingly, operating online slots, casino table games like
roulette, and spread betting will not be allowed.
The betting duty has been tentatively set at 7.5 percent, and, for poker, a 2
percent tax on buy-ins.
The license application process is expected to begin in the second half of 2009,
with the first licenses set to be issued on Jan. 1, 2010.
Ahead of any new regulation taking effect, online betting operators like Bwin
Interactive Entertainment A.G., Betclick and Unibet have been aggressively
inking marketing-partnership deals.
A press release on the ministry's Web site indicated that under forthcoming legal
reform, licenses will be made available for online poker, casino games and sports
betting.
Under existing legislation, Danske Spil A/S, the national lottery, is the sole
Internet gambling concessionaire. It went online in 2003 and offers a number of
its offline games in electronic format.
Switzerland
The Swiss Department of Justice and Police in April said the country should relax
its existing restrictions on Internet gambling and issue licenses to a limited
number of operators.
Among other things, the report recommends that future license holders limit
their offering to Swiss residents, exclusively, and that gambling licenses for other
mediums -- including interactive television, telephone and mobile telephones --
should not be issued.
George Häberling, an attorney the law firm Häberling in Switzerland, told
IGamingNews he expects as few as two licenses to be issued given the online
market there is valued at between 30 and 40 million Swiss francs in gross gaming
revenue.
Mr. Häberling expects members of the country's land-based casino industry may
form joint ventures and bid for the licenses.
By CHRISTOPHER A. KRAFCIK
Published: Wed., May 6, 2009
"My fundamental reasons for doing this are that the government should not
interfere with people's liberty unless there's a good reason," Mr. Frank said at the
conference.
The first bill, the Internet Gambling Regulation, Consumer Protection, and
Enforcement Act, is a follow-up to Mr. Frank's April 2007 bill called the Internet
Gambling Regulation Enforcement Act.
It would establish a regulatory regime in the United States, with the Secretary of
the Treasury to act as licensing authority.
The sports protection act -- or PASPA, as the law is sometimes called -- was
enacted in 1992 and effectively prohibits sports betting in all but four states.
"Congressmen Frank's new bill uses a PASPA standard -- it prohibits any wager
that would violate PASPA -- but I believe the intent is that it would not allow
licensees to accept Internet wagers on sports," the lobbyist said.
Mr. Frank's new regulatory bill will also face opposition from social conservative
groups like the Family Research Council, a Christian organization, and Focus on
the Family.
"It's a sad day when a public servant like Representative Frank works so hard to
willfully legislate harm to families under the pretense of freedom," Chad Hills, an
analyst for Focus on the Family, told IGamingNews last year in response to one of
Mr. Frank's previous bills.
"Illegal off-shore Internet gambling sites are a criminal enterprise and allowing
them to operate unfettered in the United States would present a clear danger to
our youth," Mr. Bachus, who was an author of the UIGEA, said in a prepared
statement Wednesday.
Michael Waxman, spokesman for the Safe and Secure Internet Gambling
Initiative, a backer of Mr. Frank's legislation that doesn't lobby Congress, called
Mr. Frank's decision to continue advocating for Internet gambling "encouraging."
The Poker Player's Alliance, a player advocacy group that lobbies Congress, said
in a prepared statement that it was "grateful for Chairman Frank's leadership,"
adding it would be activating its "grassroots army made up of over one million
members to help him drive legislation."
But the American Gaming Association, the country's most powerful gambling
lobby, told IGamingNews Wednesday it remains neutral on Internet gambling
"because of the divergent views of its members."
Legal experts, meanwhile, expect the bill, in some form, will pass the House, but
that the Senate may be a tougher sell.
"The Senate majority leader from Nevada, Harry Reid, is powerful, and you've got
to convince him," Joseph M. Kelley, a business law professor at State University
of New York, Buffalo, told IGamingNews Wednesday. "Right now, he seems to
have not come out in favor of regulation."
In the House, there are 256 Democrats, 178 Republicans and one vacancy, and in
the Senate, there are 59 Democrats, 40 Republicans and one unresolved seat.
It is thought that a piece of legislation identical to Mr. Frank's regulatory bill will
be introduced in the Senate, and Mr. Kelley speculated that Senator Robert
Menendez, Democrat of New Jersey, could sponsor it. (Mr. Menendez, recall,
introduced the Skill Games Licensing and Control Act in September 2008.)
The Washington lobbyist expects Mr. Frank's regulatory bill to "go through some
permutations," but believes chances for Senate passage are good.
Mr. Frank said he hoped to move on the legislation before congressional break in
August.
"We have a couple of other things on the agenda as you might've noticed, like
regulating the financial structure of the country," Mr. Frank joked with respect to
the ongoing financial crisis.
UIGEA D e l a y
Mr. Frank's second bill, the Reasonable Prudence in Regulation Act, would delay
the UIGEA compliance deadline by one year to December 2010.
Regulations for the UIGEA took effect in January 2009, but non-exempt
participants in designated payment systems -- including automated
clearinghouse systems -- were given until this December to comply with those
regulations.
"I think Congressmen Frank believes that once his licensing bill is enacted, then
the standard for UIGEA should be to block payments to people who aren't
licensed," said the Washington lobbyist, when asked about Mr. Frank's
motivations for introducing the bill. "So he wants to hold off on the compliance
with the existing regulations until there's a chance to enact a licensing regime and
make that the basis of enforcement."
The bill is understood to be supported by both Internet gambling and banking
interests, though the American Bankers Association, a trade group that lobbies
Congress, did not return a phone call by press time Wednesday.
Mr. Frank's most successful bill to date, the Payment Systems Protection Act,
sought to clarify what the UIGEA intended by "unlawful Internet gambling." It
was approved in a 30-to-19 vote by the financial services committee in September
2008 but died in session.
The Taxman C o m e t h
The tax enforcement act is a follow-up to Mr. McDermott's 2007 bill by the same
name and proposes a 2 percent tax on customer deposits to be paid monthly.
“We are losing billions of dollars in federal and state taxes every year because a
prior Administration and its supporters drove legitimate U.S. online gambling
off-shore by passing an ill-conceived late-night amendment in Congress that has
done nothing except make Americans more vulnerable to scams when they wager
online and cost us billions in lost revenue,” Mr. McDermott said in a prepared
statement Wednesday.
Microgaming || L a d b r o k e s
William Hill || P l a y t e c h
That transaction saw created a new joint venture called William Hill Online, in
which William Hill currently holds 71 percent, with Playtech holding the balance.
As part of the October deal, William Hill also announced the migration of its
casino and poker propositions to Playtech's software platform and poker
network, respectively.
The poker migration was completed ahead of schedule, and William Hill said in
April 2009 that its main casino would be moved from CryptoLogic Ltd.'s software
to Playtech's later this year.
CryptoLogic || G t e c h
CryptoLogic Ltd. announced in November 2008 that it would outsource its poker
operation to Gtech Corporation's International Poker Network.
The move came as little surprise because CryptoLogic's poker network had been
trending downward since 2006. That year, the United States enacted the
Unlawful Internet Gambling Enforcement Act and Betfair, a major licensee, left
to form its own poker network.
Absolute Poker || U l t I m a t e B e t
PartyGaming || C I r s a
Little color on the deal was given, but the two companies are to explore online
gaming opportunities in Spanish-speaking markets. The deal would appear
timely for both operators, with Spain's ruling Socialist Worker's Party under
intensifying pressure to introduce national Internet gambling regulation.
Playtech || C a s I n o G r a n M a d r I d
Playtech Ltd. in March 2009 did a casino and poker licensing deal with the land-
based Spanish operator, Casino Gran Madrid.
PartyGaming || H a r r a h ' s
In April 2009 word leaked via the London press that Mitchell A. Garber, the
former chief executive of PartyGaming, had been appointed by Harrah's
Entertainment Inc. to run a new online subsidiary.
PartyGaming || G I g a M e d I a
Arthur M. Wang, chief executive of GigaMedia, said in March that his company
was in talks with a number of parties regarding a possible merger or sale.
Gaming VC || U n k n o w n S o u t h A m e r I c a n O p e r a t o r
By GRAHAM WOOD
Published: Thurs., May 7, 2009
The first quarter of 2009 saw turnover on all forms of gaming average 150 million
euros per day, and the first data for April reveal no slowdown in spending.
Sports betting hit new records. The amount staked was up to 1.1 billion euros in
the first quarter and, for the month of April, grew 20 percent to over 400 million
euros versus the previous-year period.
It appears, though, that Italian punters are beginning to wise up. The percentage
payout rose to over 82 percent (meaning bookmakers’ profit margins shrunk to
below 18 percent). Nevertheless, those figures are substantially higher than the
percentage operators tend to retain in other markets.
Significantly, cash games are to be introduced to Italian poker rooms, the sports
betting product is due to become more competitive and online bingo is due to be
introduced before long.
In the first three months of 2009, online-gaming spend totaled 850 million
euros, with average daily turnover increasing as the quarter progressed.
March spend topped the previous month’s with a daily figure of 10.2 million
euros per day -- 5.2 million euros of which came from poker. And between
January and March, poker brought in 467 million euros.
Sports betting turnover was just short of 330 million euros during the three-
month period. Online scratchcards, meanwhile, proved to be more popular than
horseracing, with spending on the games reaching 22.7 million euros compared
to 22 million euros on racing.
As expected, the domestic market leaders in the online poker market are
beginning to lose market share since the arrival of some of the overseas industry
heavyweights.
But Gioco Digitale S.A. is still maintaining its lead despite a sharp fall in its
turnover in April. Total tournament fees for the month were down over 12
percent to 51.3 million euros, but still accounted for 27.9 percent of April’s total
of 184.7 million euros.
The big winner in the poker market was PokerStars, which, having built up a
substantial customer before gaining licensure, was able to hit the ground running
when it launched the real-money product in March.
By April, PokerStars had managed to secure fourth place in the market (behind
Lottomatica S.p.A.) by generating over 16 million euros, or 8.7 percent of the
monthly total.
IGAMINGNEWS WHITE PAPER | Exposed
A non-exhaustive list of the industry's publicly traded players and their
exposure to poker, taken as a percentage of total revenue, during the 2008 fiscal
year.
PartyGaming || 5 8 p e r c e n t
GigaMedia || 5 4 . 9 p e r c e n t
888 Holdings || 3 0 . 1 p e r c e n t
Playtech || 2 6 . 9 p e r c e n t
CryptoLogic || 2 2 . 6 p e r c e n t
Bwin || 2 2 . 4 p e r c e n t
Unibet || 2 1 p e r c e n t
Betsson || 1 9 p e r c e n t
Sportingbet || 1 5 p e r c e n t
Ladbrokes || 2.5 p e r c e n t