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Compliance Updates

FDJ: Conclusion of the European Commission’s investigation

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FDJ: Conclusion of the European Commission’s investigation
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FDJ takes note of the European Commission’s decision concluding that no State aid was granted to FDJ during its privatisation and that the equalisation payment should be re-evaluated from €380 million to €477 million, i.e. an additional sum of €97 million.

This decision concludes the formal investigation that the European Commission opened on 26 July 2021 to determine whether the €380 million sum that FDJ paid to secure its exclusive rights to operate point-of-sale sports betting and the lottery for a 25-year term, was appropriate.

FDJ welcomes the closure of this investigation and the European Commission’s confirmation, in line with the French Conseil d’Etat’s decision of 14 April 2023, that the legal framework adopted when the Group was privatised was robust.

FDJ has also taken note of the additional equalisation amount, valued by the European Commission at €97 million. The equalisation payment re-evaluated at €477 million is within the range initially established by the French Commission des participations et des transferts  in its opinion no. 2019-A.C.-1 of 7 October 2019.

 Impact on net profit and on the calculation of the dividend per share

This additional equalisation payment is recognised as an intangible asset – “exclusive operating rights”, in the same way as the initial amount of €380 million. As such, it will be amortised over 25 years starting on 23 May 2019, which is the effective date of the Pacte Law no. 2019-486.

FDJ Group announces that it will base its future dividend payments, beginning with those relating to its results for the 2024 financial year, on the adjusted net profit.

This adjusted net profit reflects FDJ’s actual economic performance and allows the Group to monitor and compare its performance against its competitors. It is based on the consolidated net profit restated for the following items:

  • In 2024:
    • the additional amortisation over the 2019-2023 period recognised under exclusive rights in France amounting to €17.9 million.
    • The non-cash impact of the currency hedge relating to the acquisition of Kindred Group, which is recognised under financial result.
  • Depreciation and amortisation of intangible and tangible assets recognised or revalued when allocating the purchase price of business combinations.
  • And changes in tax resulting from these items.

Note that total amortisation of exclusive operating rights will amount to €37.0 million in 2024 and €19.1 million in 2025 after €15.2 million in 2023.

FDJ Group recalls that since 10 May and the French Court of Cassation’s ruling in favour of the FDJ Group in its dispute with Soficoma, which enabled it to cancel 3% of its share capital, the Group’s share capital now stands at 185,270,000 shares.

Compliance Updates

Dutch Regulator Reprimands Operators Over Sponsorship Violations

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The Dutch gambling authority, Kansspelautoriteit (KSA) has reprimanded three providers for incidents involving sponsorship. Since 1 July 2024, there have been new rules regarding sponsorship. This means that sponsoring television programmes and events is no longer permitted. Until 1 July 2025, only sports sponsorship is permitted, after that it will no longer be permitted.

In sports sponsorship, providers may not target vulnerable groups, including minors and young adults. It is the responsibility of the gambling provider to adhere to these rules at all times, even if third parties are involved in the sponsorship. The Ksa saw this go wrong several times.

Incidents

One provider had a sponsorship contract with an organiser of a national event in the past. Despite the fact that this agreement had expired, the organisation continued to use the promotional materials that contained the provider’s name, while this was no longer allowed after July 1. After the warning from the KSA, the provider immediately had its logo removed from the promotional materials.

A second provider also went wrong in agreements with a third party. The provider sponsored a major sporting event. In the run-up to the tournament, children and young adults played sports at the location. As a result, the provider’s advertising expressions were also visible outside the sporting events, and moreover by a vulnerable target group. The KSA emphasised again that the provider itself is responsible for the sponsorship expressions and their visibility and should therefore have been alert to the fact that these were also visible outside the tournament.

The third provider had an issue in a sports webshop: T-shirts of a famous athlete were sold there with the provider’s logo on them, as shirt sponsor. These shirts were also available in children’s sizes, which meant the advertising was aimed at a vulnerable target group, which is not permitted. The provider took immediate action to ensure that the children’s sizes no longer carried the provider’s logo.

In these three cases, the KSA has once again explained the rules regarding sponsoring to the providers. In the event of a subsequent violation, the KSA may take enforcement action. It is up to the provider to make clear agreements with external parties. This includes the use of sponsor materials, the time at which sponsor messages are shown and the way in which they are distributed. In addition, it is also up to the provider to ensure that external parties adhere to these agreements.

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Compliance Updates

Aviatrix flying in Italy following certificate approval

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Aviatrix flying in Italy following certificate approval
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Aviatrix, the groundbreaking crash game renowned for its unique engagement mechanics, is building new partnerships in Italy following the granting of a certificate in the country.

The Italian certificate enables Aviatrix to collaborate with operators regulated by the Agenzia delle Dogane e dei Monopoli, introducing casinos fans in Italy to the award-winning game for the first time.

Players at many of the biggest brands in Italy will soon be enjoying Aviatrix.

Anastasia Rimskaya, Chief Account Officer at Aviatrix, said: “We are excited to be bringing Aviatrix to players in Italy for the first time. This is a market where innovation and player engagement are highly valued, so we’re certain our product will be a great fit. And more than that, we have an opportunity to play a central role in one of Europe’s most vibrant online gaming cultures. We can’t wait to get started with operators in the country.”

Aviatrix is fast establishing itself as an important game in regulated jurisdictions, as it already is in emerging ones.

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Australia

NSW Govt Appoints New Board Members to ILGA

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The NSW Government has made appointments to the board of the Independent Liquor and Gaming Authority (ILGA), including a deputy chairperson and two new members.

Associate Professor Amelia Thorpe and Nicholas Nichles have been appointed following a rigorous public expression of interest selection process. Additionally, existing member Chris Honey has been appointed deputy chairperson.

ILGA is a statutory decision-maker responsible for a range of liquor, registered club and gaming machine regulatory functions including determining licensing and disciplinary matters.

The appointments follow the end of the term of appointment for outgoing deputy chairperson Sarah Dinning, and also fill vacancies that existed on the board.

Mr Honey, who was appointed a member of ILGA earlier in 2024, has been named deputy chairperson until the end of his current appointment term (11 February 2027).

Mr Honey has extensive experience in the advisory and restructuring field, including working extensively in highly regulated sectors.

Associate Professor Thorpe and Mr Nichles have both been appointed for four years commencing 6 November 2024.

Associate Prof Thorpe is with the Faculty of Law & Justice at the University of New South Wales and an Acting Commissioner of the NSW Land and Environment Court.

Mr Nichles was previously a Consul General and Senior Trade and Investment Commissioner for Australian Government agency Austrade, based in the US.

The new appointments bring the ILGA board membership to seven. The new appointments will join chairperson Caroline Lamb, new deputy chairperson Mr Honey and current members Cathie Armour, Jeffrey Loy APM and Dr Suzanne Craig.

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