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// PUBLIC GAMING INTERNATIONAL // January/February 2016
After a 2-year investigation, the Belgian
Competition Authority dismisses the vast
majority of claims and charges lodged by
the community of remote online sports-
betting operators.
On 23 September 2015, the Investiga-
tion Service of the Belgian Competition
Authority has issued its decision to dismiss,
to a large extent, the case against the Bel-
gian National Lottery lodged by a number
of private sports betting operators. As part
of a transaction decision taken on the same
date, however, the Investigation Service
did impose a fine on the Belgian National
Lottery for two small infractions pertain-
ing to competition law, which were strictly
limited in time. No anti-competitive effect
whatsoever was proven. The National Lot-
tery complies with a large number of stan-
dards that are stricter than those applying
to private operators, making it difficult for
it to draw any competitive advantage what-
soever from its monopoly lottery status.
Since 15 January 2013, the National
Lottery has offered sports betting under the
brand name of Scooore!—firstly through
newsagents and then as of 29 July 2013 on
the internet as well. This formed part of the
National Lottery’s reaction to the liberalisa-
tion of the gaming market.
Specifically, part of the mandate of the
National Lottery is to channel gaming be-
haviour in Belgium in a targeted manner,
and to bring the fun of gaming to a broad
public with recreational games.
Liberalisation has resulted in no fewer
than 34 sports betting operators being able
to offer betting legally, both in retail outlets
and on the internet. Often, these are opera-
tors that had formerly been active for many
years in a context that was anything but
transparent, or that was even illegal.
In May 2013, the National Lottery’s
betting offer led to two complaints by a
number of private betting operators which
considered that the National Lottery was
contravening competition law. The plain-
tiffs, some of which are part of multina-
tional firms, considered that the National
Lottery benefited from an advantage deriv-
ing from its lottery monopoly in Belgium
and that it was abusing this advantage to
their detriment.
After a thorough investigation that took
over two years, the Investigation Service
decided to dismiss the vast majority of the
allegations put forward by these private bet-
ting operators. However, the Investigation
Service did impose a fine on the National
Lottery for two limited infractions of com-
petition law.
On the one hand, it was held against the
National Lottery that on 16 January 2013
it informed, by means of a one-off, short
and non-personalised email, some of the
persons whose contact details had been in
its database about its new sports betting
offer available at their newsagents. On the
other, it was held against the National Lot-
tery that at a certain point it had gathered
through a number of newsagents a limited
amount of commercially sensitive informa-
tion about other private betting operators
Both infractions were limited in time, and
no anti-competitive effect whatsoever was
proven. Nevertheless, the National Lottery
was fined €1,190,000. The amount was cal-
culated on the basis of purely technical rules
taking into account the generated turnover.
This fine will have no impact on the finan-
cial results of the National Lottery since the
necessary funds have already been set aside.
The transaction decision also has no ef-
fect whatsoever on the continuity of the
sports betting offer.
“With Scooore! we continue to promote
a sustainable alternative range of sports bet-
ting against a more aggressive offer from
large foreign multinationals that are based
in, for example, Malta or Gibraltar.
The Belgian National Lottery wishes to
play by the rules and is not afraid of the
challenge represented by what these com-
petitors offer—even if one can justifiably
wonder whether such a large range of games
of chance actually benefits consumers at the
end of the day.
After all, games of chance are special ser-
vices that can’t be compared with washing
machines, for example.”
■
PGRI Introduction:
This constitutes an important
legal/political victory for the
people of Belgium. And perhaps,
by extension, for the entire
community of government-
lotteries in the European Union.
The community of remote private
sports-betting operators had
sued the Belgian National Lottery
for “anti-competitive practices.”
The suit was dismissed except
for two minor infractions.
Belgian
National
Lottery
Accepts
Fine for
Minor
Infractions