ARTICLES : THE FRENCH GAMBLING ACT - CASE LAW OF THE COURT OF JUSTICE - MONOPOLIES - NEW ENTRANTS - REGULATORS

The French Gambling Act: True competition?

The French Gambling Act was initiated under a certain pressure from the European Commission, under the impulse of the Court of Justice case law, given that the compliance with EU law of the previous blanket prohibition in France of gambling apart from State monopolies, partly justified by the need to limit gambling occasions, was highly debated. The new Act already provides that it will be revised in 18 months, but in the meantime, it seems worth analysing the Act in light of two main objectives : on the one hand, is the new French regime now compliant with EU law, in particular Article 56 TFEU guaranteeing free movement of services? On the other hand, does the new Act enable an effective opening to competition for the online activities at stake, in particular in terms of equality of chances between incumbents and new entrants? One of the specificities of the online gambling sector in France also lies in the fact that four regulators will be able to apply their powers : the French Gambling Authority (Arjel) of course, but also the French Competition Authority (ADLC), as well as the CSA and the CNIL.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Beyond the frenzy that reigned in the spring around the entry into force of the new legislative framework applicable to online gambling, the new school year seems to be conducive to a somewhat distanced analysis of the new framework applicable to online gambling, with regard to two fundamental issues: freedom to provide services and competition law. 2. Going back to 1836, the French legislative framework applicable to lotteries, games of chance, betting and casinos deserved to be dusted [1] off and, above all, brought into line with European Union law. As we know, it is largely under the pressure of the case law of the Court and the European Commission

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Olivier Fréget, Marie Potel-Saville, The French Gambling Act: True competition?, September 2010, Concurrences N° 3-2010, Art. N° 31697, pp. 45-57

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