April 07,
2005
Antigua
wins big in online gambling case By Steven Downes, Times
Online
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A landmark ruling from the World Trade
Organisation today may yet open the way for
Americans to gamble online legally, paving
the way for potentially massive growth among
off-shore "virtual" casinos around the
globe.
The WTO today issued its long-awaited ruling
in the trade dispute between Antigua, one of its
smallest members, and the United States, its
largest member, over cross-border online
gambling and had both sides claiming victory.
The WTO appeal body ruling marks the end of a
near-eight-year battle by the tiny Caribbean
island for the right to host online
gambling.
The United States had contended that internet
gambling should be prohibited because it
violates some state laws.
Last year, a WTO report confirmed a
preliminary ruling, saying the US ban
represented an unfair trade barrier. Washington
appealed the ruling and said it would
"vigorously" contest the ruling before the WTO's
seven-member appeals body.
The WTO ruling could pave the way for new
media opportunities for gaming operators in
Antigua and many other smaller counties.
Previously, US companies such as Citibank, Chase
Manhattan, Bank of America, Clear Channel
Communication, Discovery TV, Yahoo and
MSN
were discouraged from
accepting media buys from online gaming
products. The WTO determination is expected to
end threats of prosecution from the US Justice
Department to American companies who choose to
do business with Antigua offshore gaming
companies.
"This is a country-specific ruling, but it
may have far-reaching implications," Mark
Mendel, the lead counsel for Antigua,
said.
The Americans maintained the opposite view.
"This win confirms what we knew from the start -
WTO members are entitled to maintain
restrictions on internet gambling," Peter
Allgeier, the acting US trade representative,
said.
"US restrictions on internet gambling can be
maintained," Mr Allgeier said. "This report
essentially says that if we clarify US internet
gambling restrictions in certain ways, we'll be
fine."
In a classic David and Goliath story,
the mighty US was pitted against Antigua, with a
population of only 68,000 and which cannot even
afford to keep a representative at the WTO's
headquarters in Geneva.
But Antigua managed to hold its own against
the world's largest economy, which is also the
world's largest gambling market.
Antigua filed the case before the WTO in
2003, contending that US restrictions on
internet gambling violated trade commitments the
United States made as a member of the 148-nation
WTO.
According to a 1991 list of industries that
must be open to free trade, the recreation and
entertainment sectors are fair game, the island
state claimed. Moreover, Sir Ronald Sanders,
Antigua's chief foreign affairs representative,
and others have argued that it was no less than
the Washington-based World Bank that advised
Antigua to move into internet industries to
diversify its fragile, tourism-based economy.
Antiguan officials estimate that online casinos
employ some
3,000. | |
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