European Commission investigation found US violated WTO rules


The European Commission launched an intensive investigation into a U.S. internet gambling regulation law that accused U.S. authorities of violating international trade obligations, along with allegations that they targeted European companies in defiance of domestic concerns about remote gambling.

In 2006, UIGEA was passed, and services were immediately withdrawn from the U.S. market due to most European gambling concerns. That didn't stop the U.S. from aggressively tracking and prosecuting European gambling executives. Sporting Bet's boss, Peter Diggs, was arrested and jailed in New York, while Beton Sports' boss, David Carruthers, was arrested in Texas.

The U.S. Department of Justice has also issued subpoenas to several investment banks that have advised some of the companies in question to obtain additional records and evidence of alleged misconduct.

PartyGaming executive Anurag Dixit pleaded guilty to illegal internet gambling and paid a $300 million fine to the U.S. government, but PartyGaming was one of the first gambling companies to pull out of the U.S. market when UIGEA passed.

We have found that U.S. laws on remote gambling and EU business enforcement are obstacles to trade that do not comply with WTO rules, the commission said in a statement issued on March 26. Preliminary conclusions in the report suggest that WTO procedures on U.S. action will be justified.

Despite the withdrawal of European companies from the U.S. market following changes to the U.S. regulatory framework in 2006, the [prosecution] process continues. The report concluded that these procedures were not legally justified and discriminatory.

According to the report, the law on remote gambling in the United States and law enforcement against EU companies were barriers to market access to EU economic interests.

In addition, European companies are being discriminated against: European companies and individuals cannot and may even face legal action, but American companies are free to gamble online in American horse racing.

It is true that the United States is deciding how to regulate internet gambling in its markets, which should be done in a way that fully respects WTO obligations, said Lady Ashton, the EU's trade commissioner. We hope to find a quick, negotiated solution to this problem.

The committee's willingness to discuss and negotiate equitable solutions is related to changes in the administration since Barack Obama's election. If this was not feasible, the committee acknowledged the possibility of further procedures under the WTO.

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