Austria’s Supreme Court ruled that loot boxes in Electronic Arts’ FIFA Ultimate Team do not constitute gambling under the Austrian Gambling Act. The court said the plaintiffs had not shown that the game’s outcome depended exclusively or predominantly on chance, because player skill also affected play.
The ruling determines how the Austrian Gambling Act applies to loot boxes in the game considered by the court.
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Malaysia’s CMCF has announced a 45-day consultation on a draft Gaming Sub-Code covering loot boxes, gacha and child protection. The proposed standards would apply to developers, publishers, distributors, platforms and other providers offering games accessible in Malaysia. The draft addresses age checks, parental controls and explanations of chance-based purchases.
The Court of Appeal of Bari upheld a gaming point operator's appeal against an ADM injunction, ruling that ordinary personal computers used for internet browsing cannot be treated the same as machines permanently dedicated to gambling. The court cited reasonableness and proportionality under the Italian constitution.
The Court of Appeal of Bari has upheld in full an appeal by the holder of a gaming point against an injunction order issued by the Agenzia delle Dogane e dei Monopoli (ADM). The ruling, in proceeding no. 490/2024, concerns a challenge to injunction order no. 400 of 7 March 2017, issued by the Amministrazione dei Monopoli for an alleged breach of article 7, paragraph 3-quater, of decree-law no. 158/2012, converted by law no. 189/2012, with reference to the sanctions regime under the 2016 Stability Law.
A federal court in Nevada ruled that contracts based on sports outcomes do not qualify as swaps under the Commodity Exchange Act, according to the report. Judge Andrew Gordon rejected Kalshi’s argument that federal registration pre-empts state gambling laws. Nevada said it would oppose Kalshi continuing to serve residents without a state licence, and the company was reported to be prepared to appeal.
CFTC chairman Michael Selig said prediction markets offer financial instruments rather than gambling, arguing that the commission has authority over permit-holding providers. His comments followed a Michigan judge’s order requiring Kalshi to stop offering sports-related contracts temporarily or face a $120,000-per-day fine; Kalshi said it would comply while challenging the order in court.
CFTC chair Mike Selig told state representatives that disputes over prediction markets should be directed at the commission, not market participants. He said states were wasting taxpayer funds by suing participants he described as complying with federal law.