RGA issues appeal over OPAP sale
Lobby group appeals to privatisation agency to factor in monopoly complaints when selling OPAP stake.
The Remote Gambling Association (RGA) has written to the organisations responsible for the sale of Greece’s stake in monopoly operator OPAP in order to highlight the legal complaints lodged with the European Commission concerning the country’s “unfair and unworkable” egaming laws.
In a letter to the Greek privatisation agency the Hellenic Republic Asset Development Fund (HRADF), Deutsche Bank and the Hellenic Bank, the RGA says there are currently two complaints outstanding with more being prepared which would impact the valuation of the stake.
The Greek government passed online gambling legislation in August 2011 however it has been met with significant objections from foreign operators who claim the laws protect OPAP’s market dominance.
With the regulator not yet opening the new licensing regime and OPAP “retroactively claiming that they have an online monopoly on the majority of products”, the RGA argues that “there can be no other conclusion that this is a misguided attempt to ignore EU principles of law in order to boost the value of the 34% of OPAP”.
Greece, under the current plan of action, is poised to regulate only a limited number of products, and the country’s authorities earlier this month contacted a number of allegedly non-compliant offshore operators, warning them to withdraw from the market by 5 December or face potential legal action.
This week Betfair announced it was withdrawing from the market until such time that there is greater clarity on the regulatory situation.
Meanwhile, earlier this year, CJEU advocate general Jan Mazak has stated that monopoly operator OPAP is being permitted to pursue an “expansionist commercial policy” by the government.
RGA CEO Clive Hawkswood said in a statement: “We have approached HRADF because they live in the real international world and press reports would indicate that they may be a voice of reason on this debate. It is quite remarkable that other countries in Europe have adopted proper processes that conform to EU law and result in substantial tax collection for the State.
“It really is not necessary to try and claim online monopolies that do not exist and could never be properly enforced. We call on the HRADF to help resolve what would be very natural concerns from the potential bidders, to help get the 5 December date postponed and to work with the industry and the EU to reach a sensible outcome for all.”