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Italian State again ignores EU tender rules in the gaming sector

Dec 10, 2008 - Brussels

27 November 2008 – Brussels: Stanleybet International has filed a formal complaint (1) to the European Commission denouncing a number of legislative, administrative and judicial measures of the Italian State, spread over a number of years, illustrated by the recent re-award to Sisal SpA of a new concession in 2008 for the Superenalotto prize game, the richest and most popular of all gaming products offered in Italy (2), under a tender presenting inadmissible legal flaws which excluded operators other than the three main Italian lottery and betting operators (Lottomatica, SISAL and SNAI).

Commenting on this action, John Whittaker, Managing Director of Stanleybet International, said:

“The Italian authorities have once again demonstrated a total disregard for EU law in relation to competition and public procurement rules. We will continue to defend our legally enshrined rights to offer our services and to denounce unjustified restrictions to those rights wherever they occur.

Despite all its claims, Italy is still a long way away from being compliant with the EU Treaty. It should remedy the situation immediately. We call upon the European Commission to investigate the complaint speedily and to do all it can to resolve this inequity.”

After more than four years of litigation, Stanleybet’s applications to have access to the management and distribution of the Superenalotto game have been completely frustrated by the Italian authorities. By contrast, Sisal SpA, who secured the exclusive Superenalotto concession without any public tender in 1996 until 2001, was, in 2008, re-awarded the concession which will expire in 2017, through a farcical tender from which Stanleybet International was barred. Every gaming operator, no matter how large and experienced, other than the triad of domestic incumbents, was confronted with terms of tender to which no reasonable entrepreneur could choose to commit to. Considering the terms of the tender, in respect of historic gaming turnover, size and type of network (both historic and planned) and financial guarantees to be provided, it was not a surprise that potential applicants considered the tender as “pre-awarded” and therefore no operator or any other major lottery applied to run what is probably the largest lottery in the world.

By filing a complaint to the European Commission, Stanleybet International has demonstrated once again its determination to denounce infringements of EU law by the Italian authorities, which cause grave prejudice to Stanley’s business interests, as well as those of other gaming and betting providers. At the beginning of November Stanleybet International launched The “Fairplay for sports betting” campaign www.fairplayforsportsbetting.eu to highlight the problem and to call for prompt and decisive action by the Commission to pursue offenders.

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