OPENING THE SLOVENIAN GAMBLING MARKET – THE PROPOSAL CMS
Te new draft Gambling Act (‘draft Act’) proposed by the Slovenian Government is set to liberalise the gambling landscape in Slovenia to some extent. Tis column will provide a short overview of the proposed changes as well as some political background. Te draft Act has already passed its third reading in the Slovenian Parliament, meaning that it is close to its final form.
Before we discuss the novelties of the proposed legislation, we must consider how games of chance are classified in Slovenia.
Tere are currently two categories of games of chance:
l Classic games of chance such as lotteries, raffles, betting and lucky draws and special games of chance such as poker, roulette, blackjack, craps, slot machines and other activities played in person at a casino or gambling salon.
l All classic games of chance are operated by either the Slovenian Lottery or Slovenian Sports Lottery. Only these two parties hold concessions for classic games of chance in the country. Teir revenue accounts for 33 per cent of GGR while the rest comes from casinos and gambling salons.
Te current Slovenian Gambling Act allows a little more competition on the market for special games of chance in comparison to the classic games of chance. Nevertheless, the requirements are very strict. Only a Slovenian registered company in which the majority shareholder is either the Republic of Slovenia, a Slovenian municipality or a state-owned company holding a gambling concession, may organise special gambling in casinos. Private owners may only own 49 per cent of such a company.
Moreover, only a Slovenian registered company already holding a gambling concession for organising special gambling in casinos or permanent classical gambling may apply for an online gambling concession. Consequently, the current legislation does not allow private and foreign investors to freely enter the Slovenian gambling market.
What are the main novelties of the new draft Gambling Act?
Te draft Act will overhaul many aspects of the Slovenian gabling market. From the criteria the government uses to decide to award concessions for operating games of chance to the opening of the classic games market, the proposed amendments will have significant implications for the future of the Slovenian gambling industry. Te novelties can be summed up as follows:
1. Te number of concessionaires of classic games of chance will increase from the current two to five. However, it is not clear whether there will be a two-stage concession procedure, with the first step being the granting of an umbrella concession to the five organisers,
P98 WIRE / PULSE / INSIGHT / REPORTS
Gašper Hajdu, Associate, CMS
Gašper Hajdu joined CMS in Slovenia as an associate in July 2017. He is an associate within corporate law and more specifically domestic and cross-border mergers and acquisitions. He also advises domestic and multi-national clients, who come from various sectors, among other gambling, on their day- to-day issues related to competition and insurance matters. This column was written with BD Assistant, Mr Nejc Laznik.
Gasper.hajdu@cms-rrh.com
www.cms.law
“The current Slovenian Gambling Act allows a little more competition on the
market for special games of chance in comparison to the classic games of chance. Nevertheless, the
requirements are very strict. Only a Slovenian registered
company in which the majority shareholder is either the Republic of Slovenia, a Slovenian municipality or a
state-owned company holding a gambling concession, may organise special gambling in casinos. Private owners may only own 49 per cent of such a company. ”
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