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July 2012

High Court Sides With Betfair Over Racing

by Renee Israel

Betfair Position Vindicated by High Court

The British High Court ruled on Friday that it was supporting the ruling that betting exchange, Betfair, does not need to pay the Horserace Betting Levy.

Between 2010 and 2011, the Horserace Betting Levy Board undertook a number of consultations, in a bid to determine whether Betfair should be subject to the same gambling laws as traditional bookmakers and pay the Horserace Betting Levy.

The consultations resulted in a decision that Betfair did not need to pay the levy.

William Hill, one of the UK's most popular bookies, didn't like the board's decision and therefore opted to contest it, requesting a judicial review on the issue.

As noted, the review was finalised, culminating with a ruling by the High Court which vindicated Betfair's position in the UK gambling market.

"We welcome the High Court ruling which has vindicated the position of Betfair," noted the Chief Legal and Regulatory Officer at Betfair, Martin Cruddance. "It is now neither sustainable nor rational to argue that Betfair customers should be liable to pay the Levy any more than should customers of any other betting operator."

Betfair Responds to William Hill

At the end of last month, William Hill challenged the ruling that Betfair should not be subject to the levy.

The group argued that Betfair's unusual business model, where punters place bets with each other, essentially attracts professional gamblers at the same levels that licensed bookmakers do.

As such, William Hill argued that Betfair should be subject to same licensing and taxation as them.

After the ruling, where the High Court sided with Betfair, the group hit back at William Hill's continued efforts to fight the decision.

"It is ironic that William Hill's online business pays not a penny in Levy itself, despite making tens of millions of pounds in profits annually from British Racing," said Cruddance. "Yet still, it chose to argue that an undefined class of exchange customers should be required to pay Levy."

Befair Deal with British Racing

"The savings made by William Hill through Levy avoidance may help fund poorly advised legal challenges such as this one," said Cruddance, "but I would suggest that resources would be better spent with British Racing to reach a commercial agreement in a similar vein to the one Betfair recently signed with the sport."

Cruddance was referring to the commercial deal signed between the betting exchange and British Racing which will see a minimum of £40 million in funding over the next five years for the sport.

Betfair will give 10.75% of all revenues of the sport from UK customer back to British Racing.





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