Operators challenge Dutch regulator's licensing process
Industry body EGBA argues the regulator violated EU law by extending lottery and sportsbook licences to existing providers
The European Gaming and Betting Association (EGBA) has lodged a complaint against the Dutch gambling regulator Kansspelautoriteit (KSA) which questions the legality of tender process for lottery and sports betting licences.
The trade body and several operators have begun an appeal process against the KSA, arguing that awarding licences to inter alia the Nationale Postcode Loterij and De Lotto violated EU competition law and private tender law.
Last year the regulator and the Dutch State Secretary of Justice extended the existing multi-year monopoly licences to the same providers for an additional two years from 1 January 2015 until January 2017.
Speaking with eGaming Review this morning, the EGBA’s secretary general Maarten Haijer confirmed a complaint had been filed and was currently awaiting a response from the regulator.
“[The process is] against the lack of a proper tendering procedure for the current seven gambling licences and the non-transparent and discriminatory manner in which they have been handed out to the incumbent operators,” he said.
“This is despite several court rulings, including a clear judgment of the Dutch Council of State of 2011 that concluded that the Dutch government should have allowed Betfair to tender for the Toto [sportsbook] and horserace licences,” Haijer added.
Under Dutch administrative law, which regulates the way people can appeal decisions of the government, the award of a licence by an entity can be appealed with that entity by alleged effected parties.
The news comes after the regulator last week released a report revealing the country’s online gambling market will be worth 296m (£217m) in gross game income this year.