Fixed odds betting and new MEF Regulations, the opinion of lawyer Stefano Sbordoni
In a recent interview, lawyer Stefano Sbordoni takes stock of the new Regulation governing "fixed odds bets on sporting events other than horse racing and non-sporting events" published on 28 September in the Official Gazette, which will come into force on 28 October. According to the well-known Roman lawyer expert in the gaming and betting sector, "From the point of view of the network, the regulation is appreciated, it was expected, and the innovations contained therein had already been evaluated also within the associations, so I do not think I can see some particular critical issues "while" From an operational point of view we will certainly have to evaluate the impact in commercial terms ", even if it was highlighted that there is a" rapprochement between retail and online, a not so abstruse trend, as the differences in terms of product there should be no ". As for the offer," there could be variations due to the marketing channel, but now, with omnichannel, it is obvious that the differences between the two worlds are narrowing ", Sbordoni continued, but "everything must be managed together with an upstream regulation of what is the reorganization of the sector, even in its various types of offer". After all, "it is one thing to homogenize, reduce differences, go towards omnichannel and have novelties, the other is that they can then have adequate distribution in a reorganized commercial network, both terrestrial and online", since "if the product the network is homogenized between terrestrial and online, the network must be reviewed in the same vein. "Then, with regard to the question relating to the consultation and the supplementary agreement on the recharge points of sale, at the center of a series of open hearings promoted by Agenzia Dogane Monopoli, according to Mr. Sbordoni, "Adm was right to call the open hearing which may be a stage in the process for the launch of the PVR regulation, after the circular issued in May" and, in this perspective "it is no coincidence that, at least so far, the operators may have responded somewhat slowly and that at the moment only a tenth of them have already signed the supplementary agreement "because" perhaps they were waiting to have a discussion with the Agency, which done is not yet finished born". On the future scenarios and the evolution of the Reloading Point of Sale (PVR in Italian), "the homogenization of products, multi-channels, the reorganization of the offer also at the distribution network level, must also lead to a reflection on PVR". For the well-known lawyer, in fact, «as always, the market anticipated the norm, therefore PVRs were born before there was a defined regulation, even if there was their forecast. The charging point is a promotional spot: when the introduction of the ban on advertising the game cut the legs to any form of visibility of the online game, the phenomenon exploded and with the reckless repression of activities by local administrations with distance meters and hourly limits PVR have gained more and more importance. be without regulation, and not because there was a willingness to commit illegal acts, but because it was an ongoing phenomenon, which then grew beyond what could be imagined at the beginning, so now we come to the need to work, but all this must be supported by the reorganization, otherwise measures will always and only be taken to adjust the shot, while a general framework of reference is needed to define everything in a substantial and lasting way ". In conclusion, according to Avv. Sbordoni «The corollary is that illegality anticipates even more the regulator and the market itself, being free from constraints and unscrupulous, by definition. The deviant phenomena that have created concern about the PVR are due to this fact: the reaction of the illegal world is frighteningly fast and therefore also stemming and predicting it is not easy; we must always be attentive, reactive and prepared, which is hardly compatible with the times of bureaucracy in general, but in this case we have a dedicated and attentive agency and therefore we look with curiosity and satisfaction at the development of this regulatory process. The reactions of those who have not yet registered are not negative but of caution and perhaps the need for explanations to really understand its meaning, and to clarify some points, as in fact is happening now. Finally, there are also very delicate legal aspects to consider, whether it is an addendum to the concession, whether or not it is part of the convention contract. The confrontation between ADM and operators was and is very important, and it will be essential that it continues. It seems to me that there is no conflict between the parties involved, but a request for confrontation, to all go towards the same goal ”.