Snow Scratcher

About Snow Scratcher

On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.

The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.

There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.

About Snow Scratcher

Prime Minister Andy Burnham had already announced the government’s intention to scrap “aim to permit” for betting shops as well as insisting that AGCs will now need planning permission to function.

In her letter David warned another tax increase, on top of April’s RGD increase to 40% of GGR, could increase its operational expenses for retail by £100 million annually.

This could precipitate as many as 1,470 shop closures and the loss of up to 15,900 jobs, according to figures commissioned via the Betting and Gaming Council and consultancy firm EY.

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