The Cartel Panel of Germany’s Federal Supreme Court is to issue its final ruling in June on an appeal by Westdeutsche Lotteriegesellschaft (WestLotto) against a compensation award granted to operator mybet Holdings, eight years after the dispute began.
The Federal Supreme Court is to issue its ruling on June 7th, which will determine whether to rescind the decision to order WestLotto to pay mybet €11.5m in damages in April 2014.
The dispute began in 20015, when mybet’s lottery brokerage division FLUXX GmbH, since renamed SWS Service GmbH, attempted to sell lottery tickets via self-service terminals in outlets such as supermarkets and petrol stations.
This prompted Germany’s state lotteries, led by WestLotto, to block sales via private agents in retail locations, effectively forcing mybet out of the lottery brokerage market. The Federal Competition Authority ruled in 2006 that this move was illegal, with the Düsseldorf Higher Regional Court confirming its illegality a year later.
As a result of being forced out of the market illegally, mybet filed its claim for compensation in 2008, with the matter seemingly closed when the €11.5m sum was awarded in 2014.
While the Düsseldorf court did not allow for an appeal, WestLotto complained to the Federal Supreme Court, which agreed to take on the case in March last year. However, mybet noted, the court has not given any specific reason for its decision.