Nambling Notes - Oct. 12, 2006

12 October 2006

Tomorrow -- Despite the hopes, dreams and wishes of many in the I-gaming industry, of Greenberg Traurig's Dan Walsh assured a tentative audience at the European I-Gaming Congress that there's no chance of President George W. Bush vetoing the recently passed prohibition bill. The President, Walsh said, is expected to sign the bill at 10 a.m. (EDT) as planned.

An Expanding Club -- After four weeks of speculation about the European Commission's expressed intension to bring infringement cases against additional member states pertaining to their policies of blocking EU-licensed foreign gaming operators the Commission announced today that Italy (apparently for a second time), France and Austria have been added to the list. The investigations of the original seven--Denmark, Finland, Germany, Hungary, Italy, the Netherlands and Sweden--commenced in April 2006. The purpose of the securitization is to determine whether the 10 member states' laws restricting foreign gambling operators are in violation of Article 49 of the EC Treaty, which guarantees the free movement of services.

Neteller's Plan -- It looks as though payment processor Neteller does not plan to cut off its U.S. customers if and when the U.S. prohibition bill is signed by the President. The company announced today that it will "continue to operate its business to minimize any potential adverse impact, maintaining existing customer and merchant support across all the markets it currently serves." It will continue to monitor the situation and expects to have a clearer view on what's expected in terms of compliance upon the drafting of regulations in the 270 days following the signing. The company also announced the launching of two new country-specific versions of its service--one in Denmark and one in Sweden.

For Sale -- Sportingbet PLC, a U.K.-based I-gaming company that built itself into an industry leader via acquisitions, is transitioning from buyer to seller. In the wake of the new U.S. I-gaming ban, the company announced Wednesday that it is considering takeover bids for its U.S.-facing operations. According to the Associated Press, any deal will likely not involve significant amounts of cash. If the company is unable to reach a deal in coming days, it will close down its U.S.-facing sites. The group entered a tumultuous span in the States in September, when an investigation in Louisiana resulted in the apprehension of Peter Dicks, a non-executive chairman, in New York. Dicks was later released when New York Governor George Pataki refused to sign the warrant that would have extradited him to Louisiana.

Quoteworthy -- "For all of you out there, life continues, and you must look forward with confidence. The industry and its participants are, in my view, unique. The pioneering entrepreneurial spirits are supplemented by forged business skills, creating a formidable combination. There is not another industry better prepared or equipped to navigate the road ahead. The importance of leadership, teamwork, transparency and operating in a responsible way will be defining in successfully educating the unenlightened or convincing the doubters of the merits of this great industry."

    - Former BetOnSports CEO David Carruthers, in a pre-recorded message played during Wednesday's opening session of the European I-Gaming Congress in Barcelona.

Progress in Germany -- Attorney Martin Arendts reports in his latest German Gaming Law newsletter that the Administrative Court of Cologne, in its decision of Sept. 21, has asked the European Court of Justice to clarify whether national provisions can be applied for a transitional period despite their violation of the freedom to provide services and the freedom of establishment. Among more than 2,000 pending German cases regarding the cross-border provision of sports betting, this marks the first time a German court has solicited the guidance of the ECJ.