Click here to download the Gaming 2019 report, published by Getting the Deal Through.

Jurisdictions covered

The following 13 jurisdictions are covered in this report:

Australia; Brazil; Germany; Japan; Macao; Malta; Mexico; Nigeria; Poland; Spain; Switzerland; United Kingdom; United States

Questions

The set of questions relating to the topic of competition compliance and answered by the guide for each jurisdiction covered include:

Introduction

• • What are the legal elements required for an activity to be regarded as gambling?
• • With respect to remote or other cross-border activity, where is the wager deemed to take place?
• • What is the minimum age for participating in lawful gambling?
• • What are the penalties for offering unlawful gambling?
• • Does the law penalise the gambler directly for participating in unlawful gambling?
• • Are there exceptions for social gambling, or charitable or non-profit gambling?
• • What entity regulates land-based and remote gambling, and what are the regulator’s powers?
• • Are gambling licensees considered financial institutions for purposes of anti-money laundering and similar financial services regulatory requirements or are they otherwise subject to such requirements?

Land-based gambling

• • What types of land-based gambling are permitted in your jurisdiction, and is gambling regulated at a national or subnational level?
• • Please describe the licensing criteria to operate land-based gambling of each type or classification. Does your jurisdiction limit the number of available licences?
• • Must individual directors, officers or owners of licensees also be licensed or reviewed for suitability?
• • May a gambling location be part of a resort, restaurant or other multi-purpose location? What limitations apply?
• • Are there provisions for passive or institutional ownership that allow for exemption or modification of licensing requirements?
• • What responsible gambling obligations apply to licensees?
• • What type of tax and what tax rate applies to each form of lawful land-based gambling activity?

Remote gambling

• • Is remote gambling permitted and, if so, what types?
• • What are the criteria for obtaining a licence to operate remote gambling?
• • How do the licensing criteria for remote gambling operators differ from those applicable to land-based operators?
• • May operators located in other countries offer internet gambling to consumers in your jurisdiction without obtaining a licence there?
• • May operators licensed in your jurisdiction offer internet gambling to consumers in other countries?
• • What tax rate applies to each form of remote gambling?

Intellectual property

• • Are gambling games — land-based or remote — patentable in your jurisdiction?
• • Are there limitations on how brands, logos or other types of marks may be used in promoting gambling games?

Advertising

• • What types of restrictions apply to advertising gambling games?

Suppliers

• • What types of suppliers to gambling operators require licences?
• • If licensing is not required, is there a registration or other process suppliers are subject to, and what triggers that process?

Casino development

• • What considerations arise in developing a casino resort project that are not typical to other resort development?

Labour and employment

• • Are there particular rules governing hours and wage treatment for casino employees?
• • Must casino employees be members of labour unions or similar organisations?

Acquisitions and changes of control

• • How are licensee changes of control, and substantial changes in shareholdings of licensees, addressed?
• • How are gambling licences treated in bankruptcy?

Quasi-gambling

• • How are forms of “quasi-gambling” regulated? Are any treated as “gambling”, and what triggers such treatment?
• • Does your jurisdiction license quasi-gambling operators?
• • Does your jurisdiction impose other restrictions on the conduct of quasi-gambling activity, including restrictions on advertising, age of participation, limitations on prizes, etc?

Litigation

• • What, if any, significant litigation involving the gambling or quasi-gambling sectors has your jurisdiction seen in recent years?