The European Commission today removed its block on controversial Greek enforcement measures which forced London-listed Betfair and William Hill from the market last year.
EU regulators had extended the statutory three-month standstill period set aside for scrutiny of the proposals by a further month, after egaming hub Malta lodged a detailed opinion with the EC, which also issued its own comments on the compliance of the proposals with EU law. The extended standstill expired today.
The sanctions aimed at preventing operators from targeting its online gaming market without a licence include the compilation of a blacklist of sites offering games without the requisite licence, with Greek ISPs facing fines of €50,000 per day per operator if they fail to comply. Unlicensed operators also risk fines per day of €20,000 for each game type and €10,000 for advertising, with direct marketing communications costing €200,000 per infringement. Local players also face daily fines of €1,000 a session.
EU rules stipulate that the issue of a detailed opinion means regulations should not be implemented for at least six months after they were first notified, in this case until June 2013.
However, the EU Member State had failed to notify the measures to the EC at the time of their scheduled implementation at the local level on 6 December, forcing the departure from the market ahead of this date by London-listed Betfair and William Hill.
Greece only notified the plans to the EC later that month under pressure from EC officials.
Lobby group the Remote Gambling Association subsequently submitted a complaint to the EC in January over the enforcement measures, clearly designed to block private operators from the market and shield the part Greek state-owned OPAP monopoly from competition.
The conclusion of the notification procedure at European level however does not preclude the EC from taking action against the measures at a later date in the form of infringement proceedings, once the measures have been adopted by the Member State.
Greece’s proposals to extend OPAP’s monopoly online, restricting private operators to non-RNG online games such as live casino and tournament poker until 2020, were notified to the EC earlier this month and also seem likely to be challenged.
In January 2013, the monopoly was also ruled to be illegal as currently operated by Europe’s highest court, the CJEU, following cases brought by William Hill, Sportingbet and Stanleybet. A Greek court is due to deliver its verdict guided by the ECJ ruling later this year.
There are at least four complaints outstanding against OPAP’s monopoly, four lodged with the EC and another with the Greek Council of State.
Article written by Peter Holmes
