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Asked by Hall on how Texas should proceed moving forward, York advised that the state should seek an order that would require prediction markets to geofence their platforms from operating statewide. York also prefers the pursuit of litigation against prediction markets in state court, rather than the federal circuit, where state attorney generals have been less successful.

“Prediction markets think they can mess with Texas,” York said. “I hope you prove them wrong.”

In response, DeNault noted that prediction markets regulated on the federal level by the CFTC offer a “safer alternative” than many offshore operators that lack the requisite consumer protections.

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“Peru has been quite successful in channelling customers into the regulated framework,” Rossi comments. “The risk is that this channelisation can decrease in favour of the black market. We know the black market won’t have any consumption tax.

“There should be, in my opinion, a review of the whole ISC or consumption tax framework and find a kind of alignment or a better way to get an income in terms of taxes, but that should be balanced in order to avoid the disruption of businesses and a migration of customers to the illegal market.”

Atucha warns there is a tipping point where higher taxes can undermine channelisation, citing the UK and Germany as important case studies.

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Beyond raising the age limit to 21, Van Dijk called for a complete reversal of the Netherlands’ 2021 online gambling legalisation, which helped establish a reasonably mature legal gambling market for the sector, until tighter restrictions for players, and increased taxes, struck licensed operators in recent years.

Van Dijk also voiced his opinion that all gambling advertising should be banned, including for lotteries and land-based casinos.

He also questioned the government’s involvement with the state-owned entities Holland Casino and Nederlandse Loterij, especially in its assessment on how to limit gambling harms.