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“We continue to view regulation as the largest risk to prediction markets,” says the analyst. “While industry growth remains robust, adverse legal outcomes could materially impact sports contract availability and long-term adoption.”
Amid a string of losses in federal appellate courts, it appears increasingly prediction markets are angling to take their cases to the U.S. Supreme Court, banking that the high court will allow them to continue offering sports event contracts free of state gambling regulations.
Some legal experts and members of the investment community believe it’s possible the Supreme Court could hear a prediction market case at some point over the next six or seven months.
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Skillz has challenged Papaya Gaming’s Chapter 15 petition in Delaware bankruptcy court, arguing the Israeli mobile game developer lacks standing because its operations and primary creditor base are anchored almost exclusively in the United States.
In April, a federal jury sided with Skillz (now operating as Firy Inc.) on its claims that Papaya deceived consumers by utilizing computer bots in its head-to-head mobile games.
Three months later, Judge Denise Cote ordered Papaya to pay Skillz $719 million in damages for poaching players from its skill gaming platform on the belief that Papaya had more players and therefore facilitated considerably faster peer-to-peer pairing times.
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Although the late LVS chairman and CEO Sheldon Adelson hailed the Japanese market as “a holy grail” and the “ultimate of business opportunities”, the company dropped out of the game, scrapping its pledged $10 billion project.
Japan has drawn on Singapore’s IR development model, which embodies a balancing act between ambitious economic visions and restrictive conditions. But Andrew Klebanow, principal of Klebanow Consulting, believes Japan’s IR regulations swerved “too far into crafting regulations and policies”. Klebanow specialises in hotel-casino market feasibility studies, strategic planning and facility planning recommendations.
“As the RFP process played out, regulators introduced additional policies and regulations. As each regulation was introduced, developers adjusted their gaming forecasting models downward. Finally, those models reached a tipping point where potential revenues were insufficient to justify a project’s capital costs,” says Klebanow.