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// PUBLIC GAMING INTERNATIONAL // September/October 2016

court rejects new jersey’s

bid to legalize sports

betting

New Jersey’s most recent attempt to

legalize Las Vegas-style sports betting

was rejected by a federal court, a deci-

sion that may lead state legislators to

consider multiple options. New Jersey

lawmakers could:

• Petition the U.S. Supreme Court to

consider the case

• Pass a different bill that complies

with existing regulations

• Legalize sports betting outright with

no oversight by the state

A legal expert on matters related to

sports betting said that New Jersey

could force the hand of the National

Football League, the National Basket-

ball Association, and the U.S. Con-

gress to lift the ban on sports betting

in most states.

NBA Commissioner Adam Silver has

offered support for federal oversight

that would allow states to offer some

form of sports betting. Many sports

leagues and franchises have formed

partnerships with daily fantasy sports

sites, where competitors pay an entry

fee with an opportunity to win thou-

sands of dollars by choosing players

from a variety of teams. States have

differed on whether such contests

constitute sports betting.

new york lawmakers vote

to legalize daily fantasy

sports games

maryland state’s 

comptroller wants to

improve daily fantasy

sports regulation

dfs operators win

legal fight, but profits

remain elusive

The two largest operators in daily

fantasy sports—FanDuel and Draft-

Kings—may have survived legal

attempts to shut down their opera-

tions, but an even bigger challenge

remains: becoming profitable. Both

FanDuel and DraftKings lose money,

although neither has disclosed how

much. CEO Nigel Eccles acknowl-

edged that FanDuel is under pressure

from investors to become profitable.

“We are not profitable today but we are

moving towards profitability, and we are

sufficiently funded to get to profitability,”

Eccles said.

He downplayed reports about a possible

merger between FanDuel and DraftK-

ings, saying that the companies would

not realize savings on legal costs and

multiple state lobbying efforts because

they already share such costs. Regulators

also could prevent a merger of the two

companies on antitrust grounds.

Both companies have reduced their

advertising spend. Last year, they

spent more than $300 million on

television advertising, according to

iSpot TV. This year, FanDuel has

spent about $1.2 million on TV

commercials, compared with $12.7

million during the same period in

2015. DraftKings’ ad spending has

decreased significantly, to $3.09 mil-

lion from $32.2 million.

The fantasy sports industry’s busi-

ness practices came under scrutiny in

late 2015 when the New York Times

reported that a DraftKings employee

had won $350,000 playing on Fan-

Duel. A later investigation found that

the employee had not done anything

wrong. But the incident caused state

officials to investigate the companies’

activities. With its recent legal victory

in New York, the DFS industry ap-

pears poised for growth: an estimated

60 million people play fantasy sports.

is fantasy sports a level

playing field? top 1.3%

of players take over 90%

of the winnings!

According to an article in Tech Insider

(October 2015) fantasy sports, par-

ticularly DFS, is projected to be worth

$14.4 billion by 2020. According to

the same article, most players will lose,

as 70 percent report losing money

every month, and the top 1.3 percent

account for 91 percent of winnings.

maine legislature to

consider regulating

fantasy sports gambling

Maine will join the growing number

of states that will consider legislation

next year to regulate fantasy sports

gambling. Maine Attorney General

Janet Mills says the state’s criminal

code is ambiguous about whether fan-

tasy sports betting is a game of chance

or a game of skill.

tennessee changes name

of state agency to include

fantasy sports

A Tennessee state agency has a new

name and new rules to handle a

General Assembly-passed law last

session that legalized fantasy sports

betting in Tennessee and regulates

it. The state Division of Charitable

Solicitations and Gaming is now the

Division of Charitable Solicitations,

Fantasy Sports and Gaming. The

Fantasy Sports Act of 2016, pushed

by gaming companies DraftKings and

FanDuel, legalized the companies’ ex-

isting gambling operations within the

state. Sports fantasy sites that allowed

wagering sought the law here and

in other states as a number of states

began cracking down on what by law

was illegal gambling.

U.S. SPORTS

BETTING

REGULATION