Regulatory Perspectives on the Future of Interactive Gambling in the Internal Market

Abstract

This article seeks to provide some regulatory perspectives on the future of interactive gambling in the European Union's internal market. Long established state monopolies are pitted against private operators who seek to rely upon the free movement of services and the freedom of establishment to expand their markets. Consequently there is an increasing body of case-law from the European Court of Justice. With Member States differing in their views as to how gambling should be regulated and the ability of the internet to facilitate cross-border gambling, the question of how interactive gambling should be regulated within the context of the internal market is ever present. Following an overview of existing European case-law, specific secondary Community legislation is discussed as well as the so-called "race to the bottom" and the abuse of rights with the aim of giving some insights into the future regulation of this sector.

Keywords: EC law, Electronic commerce, Freedom of establishment, Freedom to provide services, Gambling, Online services, Regulation, Single Market

JEL Classification: K20, K33, L83