A comparative analysis of the legal aspects of online gambling

Abstract

The regulation of the gaming industry is constantly drawing heightened attention, both within the EU and internationally. This interest is generated on the part of diverse stakeholders, particularly those involved within the existing regulation systems of the industry. States are constantly facing challenges as regards the control of the gambling market through both monopolies and other arrangements. Foreign gaming operators, in some cases, have contested their actual exclusion from local markets within their respective national courts. In some scenarios only tentative efforts can be implemented so as to prohibit operators from marketing games of chance. The European Commission, via the infringement procedures, designed with some member states, has clarified that constructive steps need to be implemented regarding the protectionist gambling policies presently followed by member states, and that the European gambling market needs to be liberalised. With a view to ensure a deep insight into the rule of these arguments, the research was positioned within a transatlantic dimension. The regulation of the gambling industry was discussed from a National, EU and US perspective. There are two primary reasons which explain this situation. Apart from the fact that USA is also facing the same challenges in line with the WTO, developments within the US may also be relevant to the international scenario.