The German Federal Court of Justice finds that a recommendation of the Association of German lottery operators violates the prohibition of Art. 81 EC and s. 1 of the Act Against Restraints of Competition (Lottoblock)

Background The regulatory power for lottery games and gambling in Germany falls within the competency of the 16 Federal States (Bundesländer). Lotteries that play a systematic jackpot or where the jackpot exceeds the amount of one Million Euro are organised and operated by the State-controlled regional lottery operators. This, so-called, lottery monopoly was based on the Lottery State Treaty (Lotteriestaatsvertrag) which has been replaced by the new Gambling State Treaty (Glückspielstaatsvertrag) with effect from January 1th, 2008. According to the (old) Lottery State Treaty, permission was required to publicly organise and advertise a lottery. Organising a lottery without authority approval is a criminal act. To regulate the centralised drawing of numbers and the pooling of revenue

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  • University of East Anglia (Norwich)

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Sebastian Peyer, The German Federal Court of Justice finds that a recommendation of the Association of German lottery operators violates the prohibition of Art. 81 EC and s. 1 of the Act Against Restraints of Competition (Lottoblock), 14 August 2008, e-Competitions August 2008, Art. N° 22335

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