Compliance of Land-Based Casinos in France with National Competition Law

Session Title

Session 3-4-C: Legal Discussions – UNLV Law

Presentation Type

Event

Location

Caesars Palace, Las Vegas, Nevada

Start Date

30-5-2019 3:30 PM

End Date

30-5-2019 4:55 PM

Disciplines

Gaming Law

Abstract

France presents a very distinctive model of regulation for land-based casinos. Resulting from a public law regime inherited from the attribution of a public service delegation contract, it features multiple advantages, but also raises contradictions that need to be addressed. Indeed, this specificity tends to bar the market from outsiders, leading to a national gambling market that is struggling to reinvent itself and lacks the dynamism an healthy competition could provide. However, reconsidering the existing framework of regulation would inevitably asks to reconciliate a derogating system granting prerogatives of public powers, with competition law as enhanced by the principle of equality. This challenge should stand as the very heart of any project to reform this area of the gaming industry in France, calling for innovative measures to ensure more coherence in public policy and competition.

Keywords

France, competition law, land-based casinos, public service, compliance, delegation

Author Bios

Justine Cavaciuti is an LL.M student from the University of Nevada, Las Vegas. Coming from France, she holds two master's degrees in Business and Public Law. As she was working as a legal counsel for the Regional Education Office of Reunion Island, a French oversea department, she created administrative and legal procedures through UX and thinking Design, finding new ways to apprehend and illustrate complex administrative regulations. This experience strengthen her resolve to explore innovative areas of law, an ambition that she is reaching through the specialization she is currently acquiring in Gaming Law.

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May 30th, 3:30 PM May 30th, 4:55 PM

Compliance of Land-Based Casinos in France with National Competition Law

Caesars Palace, Las Vegas, Nevada

France presents a very distinctive model of regulation for land-based casinos. Resulting from a public law regime inherited from the attribution of a public service delegation contract, it features multiple advantages, but also raises contradictions that need to be addressed. Indeed, this specificity tends to bar the market from outsiders, leading to a national gambling market that is struggling to reinvent itself and lacks the dynamism an healthy competition could provide. However, reconsidering the existing framework of regulation would inevitably asks to reconciliate a derogating system granting prerogatives of public powers, with competition law as enhanced by the principle of equality. This challenge should stand as the very heart of any project to reform this area of the gaming industry in France, calling for innovative measures to ensure more coherence in public policy and competition.