Compliance Updates
The Finnish Supreme Administrative Court rules that skill-based fantasy sports games belong to Veikkaus monopoly
Article written by Antti Koivula, consulting legal advisor at Legal Gaming
On May 24, 2022 the Finnish Supreme Administrative Court delivered its judgment on IS-Liigapörssi-case (KHO:2022:60), in which the Supreme Administrative Court analysed whether skill-based fantasy sports games are within the scope of the Finnish Lotteries Act (1047/2001) (“Lotteries Act”) and thus belong to the state-owned gambling operator Veikkaus Oy’s (“Veikkaus”) monopoly.
Finland has a statutory gambling monopoly in place, under which Veikkaus has exclusive rights to operate and market gambling. According to the Lotteries Act, all games which include a participation fee, prizes of monetary value and the result is based on chance, are within Veikkaus monopoly. The main question in the case was if it is enough the game to be even remotely based on chance to be within the scope of the Lotteries Act and thus belong to Veikkaus monopoly, and if that was the case, whether the element of chance was present in the skill-based fantasy sports games in question.
IS-Liigapörssi-case concerned popular fantasy sports games in Finland, in which participants form virtual ice hockey teams from real ice hockey players and points were awarded based on the ice hockey players performance on real ice hockey matches. The fantasy sports games included entry fees and prizes and they had been run since 1995 by a Finnish media giant Sanoma Media Finland Oy (“Sanoma”). It was an undeniable fact that skilled and analytical participants who invested a considerable amount of time to the fantasy sports games outperformed participants who picked the players randomly.
The background of the case is lengthy, as the national authorities had tried to shut down the fantasy sports games run by Sanoma for more than a decade. In 2008 the Ministry of the Interior made a request for investigation for the police, which carried out a preliminary investigation. However, in 2010 the National Prosecution Authority (“NPA”) made a non-prosecution decision stating that it was left unresolved whether the Fantasy Sports games in question are within the scope of the Lotteries Act.
In 2017 the gambling enforcement authority, the National Police Board (“NPB”) started administrative proceedings against Sanoma regarding the fantasy sports games and two years later in 2019 the process had reached the point in which the NPB imposed a prohibition order and a conditional fine of EUR 300,000 for Sanoma on the basis that Sanoma was not allowed to run the fantasy sports games as they qualified as gambling. Sanoma appealed to the Helsinki Administrative Court arguing that the fantasy sports games in question were skill-games with which chance had no effect on the results and thus outside the scope of the Lotteries Act, but in 2021 the Helsinki Administrative Court ruled in favour of the NPB. Sanoma appealed to the Supreme Administrative Court.
The Supreme Administrative Court acknowledged that participants knowledge and skills were meaningful in the context of success, but reminded that at the same time random factors outside the participant’s control had a significant importance too. Thus, the chance of winning was at least partially based on luck. As the fantasy sports games also included entry fees and prize money, only Veikkaus was allowed to run them in Finland.
The Supreme Administrative Court’s decision hardly came as a surprise. The Lotteries Act’s definition of gambling is extremely broad, from which a good example is that even an ice fishing competition and an auction were previously deemed to fall within it. Nevertheless, the decision yet further strengthened the NPB’s authority and it remains to be seen what is the next competition or event after which they’ll go next.
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AGCO
ThrillTech secures AGCO supplier licence for Ontario launch
ThrillTech has been awarded a Gaming-Related Supplier licence by the Alcohol and Gaming Commission of Ontario (AGCO), clearing the company to launch in Ontario’s regulated market.
The licence allows ThrillTech to deploy its opt-in side bet jackpots technology with regulated online casino, sports betting and lottery operators across the province.
Benjamin Bradtke, Co-Founder of ThrillTech, said: “Securing our AGCO licence is a major step in our mission to transform how jackpots are delivered at scale across regulated markets. This latest certification is testament to our robust technology and trusted compliance frameworks, allowing us to continue our global growth trajectory. We are thrilled to bring our proven, compliant jackpot technology to Ontario, empowering locally licensed operators to uplift revenue without cannibalising existing spend.”
The company said its “ThrillPots” mechanics sit as an independent, player-funded side bet and do not alter the underlying game’s return-to-player mathematics.
ThrillTech said the Ontario approval enables its existing multinational partners that also operate in the province to launch its side bet jackpots locally, while it also holds talks with potential new operator partners. The company lists its regulated footprint as including the United Kingdom, Sweden, the Netherlands, Romania, Malta, Gibraltar, Brazil and Peru.
The post ThrillTech secures AGCO supplier licence for Ontario launch appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.
AGCO
ThrillTech wins AGCO supplier licence to enter Ontario market
ThrillTech said it has been awarded a Gaming-Related Supplier licence by the Alcohol and Gaming Commission of Ontario (AGCO), clearing the company to offer its side-bet jackpot technology to regulated online casino, sports betting, and lottery operators in Ontario.
Benjamin Bradtke, Co-Founder of ThrillTech, said: “Securing our AGCO licence is a major step in our mission to transform how jackpots are delivered at scale across regulated markets. This latest certification is testament to our robust technology and trusted compliance frameworks, allowing us to continue our global growth trajectory. We are thrilled to bring our proven, compliant jackpot technology to Ontario, empowering locally licensed operators to uplift revenue without cannibalising existing spend.”
The company said its ThrillPots product lets operators add player-funded, opt-in side-bet jackpots on top of existing games, without changing gameplay or the underlying return-to-player (RTP) calculations. ThrillTech positions the mechanic as a way to drive incremental engagement and revenue.
ThrillTech said the Ontario licence enables existing multinational partners that also operate in the province to roll out ThrillTech-powered jackpots locally, and added it is in discussions with potential new operator partners. The company listed other regulated jurisdictions it serves as the United Kingdom, Sweden, the Netherlands, Romania, Malta, Gibraltar, Brazil, and Peru.
The post ThrillTech wins AGCO supplier licence to enter Ontario market appeared first on Americas iGaming & Sports Betting News.
Baltics
EGBA Files Complaint Against Fintech Walletto Over Illegal Gambling Payments
The European Gaming and Betting Association (EGBA) has filed a formal complaint with the Bank of Lithuania against Walletto, a Lithuania-based payment service provider, over the alleged processing of payments linked to illegal online gambling operators. The complaint follows an EGBA investigation into illegal gambling websites and apps targeting European consumers. The complaint cites test transactions during the investigation that found evidence suggesting Walletto’s services were used in connection with deposits on a number of these platforms.
While the complaint concerns one provider, it points to a wider problem across the payments chain. Illegal gambling operators cannot operate at scale without access to payments – they depend on the same mainstream payment methods and card networks consumers use every day. As long as illegal operators can accept deposits and process transactions, they will continue to function outside legally compliant licensing regimes in the EU, evade regulatory controls, and expose consumers to harm.
Illegal platforms offer none of the safeguards required of regulated operators. Consumers using them do not benefit from basic protections – there is no robust identity verification, no safer gambling tools, no anti-money laundering controls and no guarantee their winnings will be paid. With no effective identity checks, minors and self-excluded players can access these sites unimpeded.
A problem across the payments chain
Illegal operators exploit weaknesses across the payments chain – among payment service providers, acquirers, and card networks – to keep reaching European consumers. Tackling this problem requires a more coordinated approach across policymakers, gambling and financial regulators, payment service providers, acquirers and card schemes. Card schemes in particular are uniquely placed to act: they are the rule-setters for the networks through which payments to illegal platforms flow and have access to transaction-level data that other stakeholders cannot see.
The principle is simple: payment providers should not process transactions for illegal gambling operators. EGBA is calling for stronger action to make that a reality. Financial regulators should fully and consistently enforce existing rules – such as the EU’s Payment Services Directive and anti-money laundering laws – against payment providers. Card schemes should also take the necessary steps to prevent payment providers from using their networks to process illegal gambling transactions.
Maarten Haijer, Secretary General of EGBA, said: “Payment providers should not be allowed to process transactions for illegal gambling operators. Illegal operators flourish by exploiting legitimate financial channels and the mainstream payment networks that consumers rely on every day. Our aim is simple: to leave them no room to manoeuvre, and to cut off the payment channels they use to reach European consumers. Card schemes also have a crucial role to play in combatting illegal transactions: they are better placed than anyone, as they set the rules for these payment networks and see transaction flows no one else can.”
The post EGBA Files Complaint Against Fintech Walletto Over Illegal Gambling Payments appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.
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