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Australia High Court Rules In Favor Of Betfair
by Karl Yu, WinnerOnline
27 March, 2008

NEWS

In a seemingly unprecedented move, a court actually ruled in favor of an online gambling company.

Australia's High Court reversed the Western Australia Betting Control Act of 2007, that essentially prevented betting exchanges like Betfair from setting up shop in the WA region, claiming that it was protectionist.

The Betting Control Act, "was unconstitutional because it imposed 'protectionist burdens on interstate trade' when section 92 of the Constitution provides that 'trade, commerce and intercourse among the states shall be absolutely free'," theage.com reported.

Australia's Herald Sun reports, "The judgment, in a case brought by controversial betting exchange Betfair, is expected to sweep away a number of other interstate restrictions."

The restrictions that could be affected revolve around horse racing and include advertising, product fees and the posting of WA race fields.

The Betfair-favorable ruling is already causing a stir, especially with Tabcorp, which theage.com says is, "a virtual monopoly of off-course betting with its 'gentleman's agreement' with the Victorian and NSW governments."

"Corporate bookmakers and Betfair do not contribute on an equal basis and further leakage to interstate players will further erode racing's funding base," Tabcorp said in a statement.

"It is clear that state governments are rapidly losing control over their wagering markets. The decision will have implications for the future industry structure and licence values in the wagering market."

But not all gambling companies in Australia are opposed to the seemingly inevitable entrance of Betfair.

Australian wagering and gaming service, Unitab Ltd. doesn't seem so dead set against the ruling.

"Betfair has been around for three years but the West Australian government now can't prevent its residents from using [its services]," said Unitab's Queensland CEO of Wagering, Barrie Fletton.

"If it looks like something the public embraces we'll set up our own service, similar to Betfair."

View the Court Ruling.

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