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Events


IAGA SUMMIT Macau 2018


consideration the discussion on conflicts between European union and national regulations. Tere is a dilemma on this subject and there are several disputes in place –involving several different types of activities and countries - since the enactment of EU. Te Europeans treaties establish that once a country decides to be part of the Union, it shall be required to comply with EU regulations and EU institutions decisions and therefore member countries (like Hungary) shall be boundd by these requirements. Eventually, if Hungary insists it may be considered in breach of European Union regulations and as a consequence suffer certain sanctions.


Why is there a low priority attached to illegal gambling at the national level in many countries?


an open and regulated market. Socially, there are some significant challenges. When unregulated sites can grow unfettered, there's substantially more liquidity for unsavoury criminal activity like money laundering.


We also lose control over consumer protections on simple things like customer fund segregation, and more subtle programmes like responsible gambling policies.


When introducing regulations, how do you balance protection of the consumer against the prevention of problem gambling?


Kahil Philander: For the most part, these two things are not in conflict. Te success of programs like GameSense owes to a focus on Positive Play -- the behaviours and beliefs that reduce the chances of developing a gambling disorder, but do so while actively embracing the gambling experience. If operators and policy makers focus on the consumer experience while they're developing responsible gambling regulations, there's substantial opportunities to do good while minimising unintended downsides.


Óscar Madureira: In my point of view, both variables complement themselves. Consumer protections and problem gambling are strictly related and the compliance commitment of the first shall help to minimise the effects of the second. By putting in place measures to protect gaming consumers, the state is also capable of controlling the exercise of gaming activities and eventually prevent issues like fraud and ultimately problem gambling. Nevertheless, considering both variables, if the application of the relevant regulations somehow conflict, one is of the opinion that the most relevant variable and rights shall prevail. Tis said, considering a potential conflict between consumer protection and problem gambling, legislator shall prioritise the applications of measures to protect consumers against problem gaming in first place.


If the Hungarian Ministry of Justice does ignore the ECJ and insist that only land-based operators qualify for online licences, is it still illegal for online-only operators to take bets from Hungarian players?


Óscar Madureira:Tis question brings to our


Kahil Philander: Part of the challenge is a lack of incentive - illegal gambling often doesn't erode the regulated markets that contribute the most revenue (lottery and casino). Te most pervasive unregulated gaming also typically takes place online, outside jurisdictional borders, which obviously complicates the process to bring anyone to justice. Tat said, where there are strong institutions and justice systems, enforcement agencies do regularly target illegal markets.


Óscar Madureira: In most jurisdictions illegal crime is treated as a crime and therefore receives the most serious punishment penalties like incarceration. What happens sometimes is that country authorities do not have enough means (like qualified man power) to investigate and hunt illegal gaming activities.


As the erosion of the protected state monopolies for online gambling continues, will we see an increase or decrease in illegal gambling activities in markets such as Holland and Sweden?


Kahil Philander:As monopolies erode and competition enters the market with better products and prices, it will become harder for illegal gambling


In most jurisdictions illegal crime is treated as a crime and therefore receives the most serious punishment penalties like incarceration. What happens sometimes is that country authorities do not have enough means (like qualified man power) to investigate and hunt illegal gaming activities.


organisations to compete. Underground economies flourish because they supply a product that doesn't exist or they have lower prices. As monopolies unwind, both of these pressures are relieved. We see this play out in other markets like tobacco, where very high government tax rates have pushed up prices and created an opportunity for illegal sellers to undercut the market. If states start to remove some of the distortions that take markets away from a competitive outcome, it will be much tougher for illegal gambling to thrive.


Óscar Madureira: I trust that online business development is still within an early stage. We will see solidification and consolidation of the market in a near future.


Óscar Madureira, Lawyer, Rato, Ling, Lei & Cortés – Advogados (Lektou)


Óscar is a lawyer and head of the Portuguese Desk at Rato, Ling, Lei & Cortés and is a qualified professional under Macau Lawyers’ Association, Portuguese Bar Association and the Hong Kong Institute of Arbitrators. He is also a qualified cross-border lawyer registered under Guandong Government Department of Justice. Prior to his current position, Óscar was a Senior Legal Counsel for Melco Resorts & Entertainment as well as an associate lawyer in other Macau major law firms. He was also a Legal Consultant for Porto City Hall and Portuguese National Traffic and Transportation Department as well as other private and public entities. Óscar is a member of the Scientifically Counsel of Rui Cunha Foundation, a lecturer and consultant at CRED-MD – Center for Reflection, Study and Dissemination of Macau SAR Law and an invited lecturer at the University of Saint Joseph in Macau.


IAGA


The International Association of Gaming Advisors (IAGA) will hold its 37th annual International Gaming Summit May 14 - 16 at the Four Seasons Macao in Macau, China.


NEWSWIRE / INTERACTIVE /MARKET DATA P103


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