Norsk Tipping's game monopoly can be maintained, according to the court

Borgarting Court of Appeal in Oslo has stated that the exclusive gaming monopoly that Norsk Tipping has in Norway is not contrary to the EEA Agreement.

Currently it is in Norway only American gambling Who can offer most forms of gambling, while Norsk Rikstoto has a monopoly on offering trot and gallop play.

The case was brought before the Oslo District Court and Borgarting Court of Appeal in 2018 by the lottery operator Norsk Lotteri AS after the company applied for the gaming license in the jurisdiction. The company claimed that Norsk Tipping's gaming monopoly was in violation of the EEA Agreement.

According to the EFTA-the free trade agreement between Norway, Iceland, Liechtenstein and Switzerland-the EEA Agreement guarantees equal rights and obligations in the internal market for individuals and businesses in the EEA (the European economic area of cooperation).

EU legislation is part of the agreement, which ensures the free movement of goods, services, persons and capital between all the 30 EEA states.

Norsk Tipping's game monopoly is maintained

Borgarting Court of Appeal has now decided that Norsk Tipping's monopoly on gambling can be maintained, as it does not conflict with Article 31 of the EEA Agreement.

The article states, among other things, that "there should be no restrictions on the establishment access for citizens from one of the EC Member States or an EFTA state on another of the territory of these states" and that this includes "the creation of agencies, branches and subsidiaries".

The court concluded that the exclusive rights model aims to channel players through a somewhat more sober offering, which helps to reduce the scope of game -related problems.

The court also pointed out that the existence of unregulated online gambling In Norway, the exclusive rights model does not necessarily have nothing to do with it, and that the state implements a number of measures to prevent unregulated operators from acting in the American market.

When it comes to Norsk Tipping's game products, the court felt that the operator has a focus on responsibility, rather than the attractiveness of the offers. According to the court, this makes the operator a precursor when it comes to responsible gaming, even when it comes to screening customers.

The case can nevertheless be appealed to the Supreme Court.

Trade association for online games will dissolve the game monopoly

American trade association for online games (NBO) last year asked for an end to the existing gaming monopoly after new research indicated an increase in gambling addiction among Americans.

In June last year, the Ministry of Culture sent a proposal for a new law on gambling in Norway for consultation. The goal was to maintain Norsk Tipping and American Rikstoto their monopoly in the market, focusing on strengthening customers.

Last month, the government sent the new bill to the Storting. The law includes a promise to introduce larger sanctions against non-licensed operators and associated companies that offer unlicensed games to customers.