10 Trends – Play On

With the recent repeal of the Professional and Amateur Sports Protection Act in the United States, sports betting has become one of the most talked-about topics in the industry. In the coming year, as states and U.S. territories examine how to address PASPA’s repeal, operators will be faced with a significant challenge: creating a suite of products that can effectively compete with the illegal market in a variety of regulatory environments.

To accomplish this task, operators will attempt to do several things, including but not limited to securing access to data, developing in-play/in-game wagering products, and identifying other unique products that can help them enhance fan engagement and viewership, and subsequently help them satisfy all stakeholders.

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Research Brief: U.S. House Hearing on Sports Betting

Today, The United States House of Representatives Judiciary Committee held a hearing entitled “Post-PASPA: An Examination of Sports Betting in America.” The subcommittee on Crime, Terrorism, Homeland Security, and Investigations, chaired by Representative Jim Sensenbrenner (WI-5), heard testimony from five stakeholders related to sports betting. This included, in the
order presented:

• Jocelyn Moore, Executive Vice President, Communication and Public Affairs with the
National Football League
• John Warren Kindt, Professor with the University of Illinois
• Sara Slane, Senior Vice President of Public Affairs with the American Gaming Association
• Jon Bruning, Former Nebraska Attorney General and Counselor to the Coalition to Stop
Online Gambling
• Becky Harris, Chairwoman of the Nevada Gaming Control Board

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An Introduction to Sports Betting Operations

With the repeal of the Professional and Amateur Sports Protection Act (PASPA), Indian casinos, commercial casinos, state governments, lotteries, and racetracks are all examining the feasibility of offering sports betting in their jurisdictions and creating legislative paths to bring sports betting to fruition. Sports leagues are also taking an active role, lobbying state legislators and even trying to get Congress to pass legislation that would federally mandate that they receive a cut of total wagering handle.

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If PASPA is Repealed, Then What?

Much has been written about the Professional and Amateur Sports Protection Act (PASPA) and its possible repeal. To summarize, there are three possible outcomes. The first is that the Supreme Court of the United States (SCOTUS) rules PASPA is unconstitutional. In that case, it will be up to individual states to decide whether to allow sports betting and the various forms it might take. The second scenario is that SCOTUS lets PASPA stand in its current form. In this scenario it would be up to Congress to decide if it wants to repeal or amend PASPA. Given the current political climate in Washington D.C., passage of such a bill might take some time. The third scenario is that SCOTUS takes a completely different route, either issuing a partial repeal or
potentially invalidating the four state exemption that currently exists.

Should the Supreme Court rule in New Jersey’s favor, one can expect sports betting to be available in a number of jurisdictions in fairly short order. Five states, outside of the four that
already had legislation in place prior to the passage of PASPA in 1992, have already passed legislation authorizing sports betting, and approximately fifteen others are considering enabling legislation or studying the issue. The question now becomes, should PASPA be repealed, what are the challenges that America’s tribes face in creating sports betting products that are competitive with what various states with commercial casinos and lotteries will ultimately offer.

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Research Brief: SCOTUS Repeal of PASPA

Earlier today, the U.S. Supreme Court issued a ruling on the constitutionality of the Professional and Amateur Sports Protection Act of 1992 (“PASPA”) in the Murphy v. NCAA case overturning the law and allowing sports betting to move forward in the United States. In a 7-2 decision, the Supreme Court also provided a victory for states’ rights. Today’s ruling allows commercial entities in states and Native American tribes to move forward to conduct sports wagering.

The Murphy v. NCAA case was heard by the Court in December. At the time, Global Market Advisors (GMA) had predicted that the court would rule in favor of states’ rights and sports betting on a 6 – 3 vote supporting New Jersey’s argument. The opinion of the Court issued today was led by Justice Samuel Alito and supported by Chief Justice John Roberts and Justices Stephen Breyer, Neil Gorsuch, Elena Kagan, and Anthony Kennedy. Justice Clarence Thomas wrote a concurring opinion. The dissenting opinion was issued by Justices Ruth Bader Ginsburg and Sonia Sotomayor. Justice Breyer joined the dissenting opinion on a small portion of the overall opinion from the court.

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Research Brief: The Economics of Sports Betting

As the United States awaits a decision by the U.S. Supreme Court on the Professional and Amateur Sports Protection Act of 1992 (“PASPA”) in the Murphy v. NCAA case, stakeholders are busy evaluating the size of the sports betting market opportunity and contemplating how to take advantage of the opportunity. Several government stakeholders have already enacted legislation
regarding the potential for sports betting, including the most recent legislation passed in Pennsylvania (2017) and West Virginia (2018). Many other state governments have introduced
proposed legislation for the new potential market opportunity, including Iowa, Illinois, Michigan, New York, and Connecticut.

These enacted and proposed legislative pieces have begun to shape the potential regulatory framework of a legalized sports betting market in each state, including setting tax rates and
licensing fees. Other stakeholders, including the professional sports leagues, have suggested that an integrity (royalty) fee should be levied as well. Unfortunately, some of these proposed taxes and levies do not fit within the economic construct of the sports betting opportunity as the margins achieved in the industry are too slim for the operator to generate enough profit to justify investment.

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Deep Dive: The Future of Sports Betting in the United States

As the nation awaits the upcoming decision by the Supreme Court of the United States (SCOTUS) in Christie v. NCAA, various stakeholders are evaluating their next steps, and how to maximize the revenue potential from legalized sports betting.

Today, a federal law known as the Professional and Amateur Sports Protection Act (PASPA) limits most legal sports betting to Nevada and three other states. This article examines the critical success factors for sports wagering in the United States and the operators that will be best positioned to provide the products and services that sports wagering customers will seek.

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Research Brief: U.S. Supreme Court Sports Betting Update

Today, the Supreme Court of the United States (SCOTUS) heard the Christie v. NCAA case. SCOTUS listened to arguments from former Solicitor General Theodore Olson, representing Governor Christie and the State of New Jersey. The NCAA case was led by former Solicitor General Paul Clement, who defended that the Professional and Amateur Sports Protection Act (PASPA) should remain the law by upholding the Third Circuit Court of Appeals previous decision.

Based on the arguments, Global Market Advisors (GMA) believes that if a vote were held today, SCOTUS would vote 6-3 in favor of New Jersey, thereby repealing PASPA and overruling the lower court decision. The majority opinion would include Chief Justice Roberts and Justices Alito, Breyer, Gorsuch, and Kennedy. Those five, in addition to Justice Thomas, who seldom asks questions within the court, but tends to side with the more conservative judges, appeared skeptical of the argument presented by the NCAA.

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An Examination of sports betting in America

On December 4, 2017, the Supreme Court of the United States (“SCOTUS”) will hear New Jersey’s case to have the Professional and Amateur Sports Protection Act (“PASPA”) overturned. This review of PASPA, which effectively limits legal sports betting to only the state of Nevada, and to a lesser extent Delaware, Montana, and Oregon, has the potential to be a landmark states’ rights decision. To the gaming and hospitality industry, it has the potential to allow for another source of gaming entertainment and improve profit levels for operators. To government authorities, it has the potential to reduce illegal gaming activities and increase tax revenues.

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Research Brief: Sports Betting & Recent U.S. State Legislative Action

As the calendar reaches the midpoint, many state legislatures are adjourning for the summer or finalizing their budgets prior to the start of the fiscal year. The end of June is also the time when the Supreme Court of the United States’ (SCOTUS) term comes to an end, decisions are rendered, and announcements made for cases to be taken up in the next term that begins in October. GMA provides the following summary of relevant legislative happenings across the United States.

Last week, SCOTUS changed the dialogue within the United States gaming landscape when it announced that it would hear the New Jersey sports betting case (Christie Vs. NCAA) in its next term. Currently, only Nevada, Delaware, Montana, and Oregon allow some form of sports betting. The American Gaming Association (AGA) estimates that the illegal, unregulated sports betting market is a $150 billion-a-year industry. Many estimate that number to be far greater. While most in the industry see this as an opportunity on sports betting, a ruling by SCOTUS in this case has far more to do with states’ rights than wagering on sports.

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