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On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.

The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.

There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.

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However, until very recently the report was kept confidential by Evolution, as it contained commercially sensitive material, the supplier said.

But this week the 2022 report was released in full by the court. Playtech, for its part, has celebrated a number of findings in the document, which it says supports and corroborates findings from Black Cube.

Notably, the Spectrum report does acknowledge that Evolution did not knowingly allow games in prohibited territories, however, it has also flagged a number of compliance issues, which resulted in its games being provided in markets where online gambling is, or has been, prohibited.

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“That combination of proven profitability, established market share and continuity of management materially reduces the execution risk you would normally associate with re-entering a consumer-facing business.”

But, as Robinson warns, the opportunity to enter Africa doesn’t come without challenges.

“It’s profitable, it’s growing and it was for sale from a distressed vendor,” he says. “That combination rarely appears in regulated Europe, where scaling a B2C brand means paying up for customers against Flutter and Entain on thin margins.