Bomb Bonanza

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On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.

The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.

There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.

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Neither company has announced plans to seek an online betting licence in North Africa. The deal nevertheless highlights the divide in Morocco’s gambling market.

Land-based gambling can attract international investment. Cirsa expanded its Marrakech presence last November. Private online betting has no equivalent licensing route.

Cirsa’s own IPO prospectus is blunt about it: “Online gaming only exists for betting, which is operated by a state agency,” it says of Morocco, adding that online casino games “are not allowed”.