European Gaming Lawyer magazine EGL_Spring2017_opt | Page 23
hurt competitors through abuse of its
dominant position on the horse racing-
market. Moreover, since Sweden hasn’t
recovered from the hang-over of the vast
privatizations of the 1990s the politicians
might be reluctant to privatize Svenska
Spel (K). In the mean time Svenska Spel is
likely to use its acquired political leverage
to further abuse its dominant position in a
similar way as has been the case in France
and Denmark.
Last but not least, if the Swedish
government fails to negotiate a tax
exemption with the EU Commission for
the vaguely defi ned non-profi t sector
according to the EU-state aid rules the
proposal is likely to fall. Th e reason is
that the ruling Social Democratic
Party is mainly funded by an entity of
the sector.
Hence, for the market actors that
seek foreseeability, legality and
predictable business conditions the
Inquiry’s proposal presently seems rather
fragile. Th e operators and service providers
of the market should prepare for a bumpy
road ahead.
Dr. Wiklund has been legal counsel
for major online gaming operators
since 2003. His sector expertise
ranges from commercial and
regulatory to M & A. He’s giving
strategic regulatory and commercial
advice to global corporates in
the sector. He’s the head of
Hansen Law’s Malta offi ce.
He has also acted as counsel
in proceedings before the
European Courts in Luxemburg
and has represented clients in the
European Commission and the
Swedish Competition Authority.
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