Our Gaming Expertise in Germany - January 2018 - Gaming Law Services - Hogan Lovells
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Gaming Law Services Our Gaming Expertise in Germany January 2018
2 Hogan Lovells
Introduction
For a number of years, two factors have had a significant impact on the gambling
market in Germany: globalisation and the enormous advances in communications
technology. Numerous new providers are entering the German market because
they have identified it as a growth segment with long-term potential.
New market players are therefore concessions. As the award procedure
appearing who have previously tailored was subject to substantial legal concerns
their innovative concepts primarily and court challenges and not a single
to their own national legal requirements concession has been awarded to date,
and are now aiming to get a foothold the prime ministers of the German
in the highly regulated German market. federal states agreed at their conference
This means that they must adhere from 26 to 28 October 2016 on a further
to the local legal framework and the reform of the German Interstate Treaty
taxation principles governing gambling. on Gambling, which resulted in the
The main areas affected by this trend Second Interstate Treaty Amending the
are online casinos, sports betting and German Interstate Treaty on Gambling.
viewer competitions on television. This new agreement primarily provides
These changes also pose a challenge for a temporary suspension of the
for national providers. restriction on the number of sports betting
concessions to 20. From 1 January 2018,
In recent years, the law governing any suitable provider that meets the
sports betting in particular has changed minimum quality requirements set by the
at an extremely fast pace: the procedure German Interstate Treaty on Gambling
for awarding concessions to organise is to receive a sports betting concession.
sports betting, which was conducted
by the Hessian Ministry of the Interior
and Sports, has significantly increased
competitive pressure in Germany.
There were more than three times
as many applicants for the 20 available
"Adviser for international clients and
projects. Has a good relationship to
public authorities."
JUVE Handbuch, 2016/2017
Our Gaming Expertise in Germany January 2018 5
Our expertise in the gaming industry
Hogan Lovells advises on all aspects of gambling law, starting with the
setting-up of slot machines, through the construction of amusement arcades,
the organisation of lotteries and draws, the organisation and brokerage of horse
race and sports betting, to online gambling services, including the implications
in respect of intellectual property.
Our services cover advice on gambling law Apart from its specialist know-how,
and representation in administrative and our team has extensive experience in and
court proceedings, in particular in approval an in-depth understanding of the political
procedures as well as proceedings before background of the gambling sector.
regulatory authorities. In addition to our Alongside legal advice and representation
expertise in gambling law, we also advise before authorities and courts, we offer
on all accompanying aspects of public law further services to comprehensively
such as trade and public construction law, safeguard the interests of our clients when
which are relevant in particular in they are implementing their projects.
connection with the construction of These include, in particular, representation
amusement arcades and the setting-up of interests in dealings with authorities and
of slot machines. political bodies in advance of administrative
proceedings, as well as closely following
legislative processes so as to achieve the
best legal framework possible for the
companies' requirements.
Unlike other international law firms,
we have our own group of specialists in the
gambling industry in which we pool our
skills from various areas of law (e.g. public
law, IPMT, corporate, tax and financial law)
"The tremendous capability and use them, taking into account the needs
in industry expertise is one of the sector. As an international law firm,
of the main characteristics our expertise not only extends to the
of the German practice. " national requirements, but also takes into
JUVE Handbuch, 2015/2016 account in particular the possibilities
offered by technical media and the related
cross-border markets.
6 Hogan Lovells
Our clients and expertise in the gaming industry
Success in the gaming industry is not a result of luck, but rather a result of accurate
knowledge of the specific market, innovative ideas, effort and legal expertise. We build
long-standing relationships of trust with our clients from the gaming industry and we
assist and advise them on every single aspect of their planned projects.
We have extensive experience in advising clients in the gaming industry – ranging from
mid-size businesses to major corporations - on all aspects of gambling law as well as national
and international commercial law. The firm has considerable experience acting for
developers of, and on the financing for, casinos and gambling halls. The strength and depth
of our practice means that we are able to handle all aspects of gaming, betting and licensing.
Hogan Lovells also has a number of lawyers who are former government officials and
former regulators overseeing the gaming industry. This also includes lawyers who were
previously involved in enforcement actions against casinos and other gaming institutions
(Jim McGovern, Stephanie Yonekura and Greg Lisa).
We offer our clients comprehensive and networked legal services from a single source,
detached from the limits of specific legal fields and jurisdictions.
Our client list includes:
–– American Gaming Association –– Google Inc.
–– Autobahn Tank & Rast GmbH –– Medion AG
–– British Casino Association –– Merkur Spielothek GmbH
–– Direktorium für Vollblutzucht und –– Mybet/PEI Ltd.
Rennen e.V.
–– Online Casino Deutschland GmbH
–– Disney/ESPN Inc.
–– Paris Mutuel Urbain GIE
–– Extra Games Entertainment GmbH
–– Pokerstars/RGE
–– Hamburger Renn-Club e.V.
–– Ritzio GmbH.
–– German Tote GmbH
–– Gaming Association
Our Gaming Expertise in Germany January 2018 Areas of focus: –– Public Law (gambling law) –– Banking Supervision (money laundering and payment law) –– Corporate (Corporate Actions) –– Mergers & Acquisitions (including public takeovers) –– Cooperation agreements including joint ventures and strategic alliances –– Restructuring –– Project Finance –– Development and distribution agreements –– Product liability/product safety –– Tax & Patent issues –– Regulatory and structuring issues –– Alternative dispute resolution in long- term business –– Litigation and Arbitration –– Antitrust, competition and trade law issues.
"Praised by clients for its
seamless co-ordination of
multi-jurisdictional mandates."
Chambers Europe, 2015
Our Gaming Expertise in Germany January 2018 9
Our representative gaming experience
Germany
–– Autobahn Tank & Rast GmbH on all –– Hamburger Renn-Club e.V. on all
aspects of gambling law, in particular aspects of gaming law and representation,
in connection with the installation of slot especially in several application
machines, the construction of casinos procedures for permissions according
and the implementation of lotteries to gambling law and in tax issues
–– Direktorium für Vollblutzucht und –– Medion AG on sports betting
Rennen e.V. on constitutional, management and interactive games
European and gambling law issues in based on online gambling
connection with negotiations on the
–– Extra Games Entertainment GmbH
Interstate Gambling Treaty 2012 and the
on real estate advice in relation to the
amendment of the law on race betting
lease and the operation of arcade
and lotteries
properties and regulatory advice
–– Treaty Medion AG on sports betting on several aspects of gaming law,
management and interactive games especially in connection with
based on online gambling takeovers of gambling halls
–– Leading international provider –– An international gambling
of integrated games and transaction provider with regard to the
processing systems on gaming law, implementation of the requirements
especially on betting offers as a result of the German Money Laundering Act
of the cooperation between the company
–– Several gambling providers
and the German Lottery
regarding the implementation of new
–– Merkur Spielothek GmbH on all compliance requirements and also in the
aspects of online-gaming area of payment, especially with focus
on online gambling and online betting
–– German Tote GmbH on all aspects
of gaming law, especially in connection –– Casino Royal GmbH: Comprehensive
with online gambling and advertisment advice regarding several legal questions
and with regard to company under German gambling law.
restructuring and the implementation
of the requirements of the anti-money
laundering act
10 Hogan Lovells
International
–– Deutsche Telekom: Advice on –– Betsson: Advice on the acquisition
e-commerce and regulatory issues, of an Italian gambling provider
which arise from the cooperation of the
–– Ritzio: Advice on regulatory and tax
company with several online-
issues in connection with the business
gambling providers
organisation of gambling halls in Italy
–– Google Inc.: Advice in connection with
–– Mohegan Tribal Gaming Authority:
advertisements of gambling and betting
Advising in its USD 200m offering of
activities via AdWords
high-yield debt (Second Lien Secured
–– Nintendo: Advice in connection Notes) and with respect to their USD 1bn
with a series of licensing and revolving credit facility from Bank of
sponsorship contracts America and a syndicate of 22 other
lenders for the planned expansions
–– American Gaming Association:
at the Mohegan Sun resort complex in
Advice in relation to various IP issues
Uncasville, CT, and the racing complex
–– Apollo Genting: Advice in connection known as Mohegan Sun at Pocono
with the licencing proceedings Downs in Wilkes Barre, PA
of a large casino
–– Mohegan Tribal Gaming Authority:
–– Gamesys: Advice on regulatory and Advising in connection with the
commercial matters in connection with acquisitions of the Pocono Downs
the gambling services in Italy Raceway in Plains Township, PA and the
subsequent development of the first slots
–– Fluxx AG (Jaxx): Advice on regulatory,
gaming facility to open in the
tax and commercial legal matters in
Commonwealth of Pennsylvania
connection with the gambling services
in Italy –– Paris Mutuel Urbain (PMU):
Advising in relation to an agreement
–– Penn National Gaming Inc.:
with PartyGaming for the development
Advice in connection with the USD 2.7bn
of an online poker activity
acquisition of Argosy Gaming Company
–– UK casino industry association:
–– Pokerstars/RGE Ltd.: Advice on
Advice to the UK casino industry
regulatory issues in relation with the
on a number of regulatory policy issues,
offer online-gaming in Italy
including engagement with the UK
–– Bay Mills Indian Community: Gambling Commission and UK
Advice and representation before the US Government and acting for the industry in a
Supreme Court in connection with the judicial review challenge to UK legislation
alleged violation of the Gaming Act introducing “super casinos”Our Gaming Expertise in Germany January 2018 11
–– Gibraltar Gambling Commissioner: –– Penn National Gaming: Advising on
Acting for the Gibraltar regulator in its USD 200m acquisition of assets of Zia
judicial review proceedings concerning Parl Partners LLCm namely Zia Park
the UK's imposition of licensing and Racetrack and Black Gold Casino
regulatory requirements on offshore
–– Special committee of the board
gambling operators.
of directors of Harrah's
–– PaddyPowerBetfair: Advising Entertainment: Advising on the
on a number of regulatory policy approx. USD 28bn sale of the company
issues, including in relation to two private equity firms
to advertising regulation
–– Paris Mutuel Urbain (PMU): Advice
–– Association of British Bookmakers: on competition issues in relation to the
Advising on reform of the UK Horserace contractual agreement with PartyGaming
Betting Levy for the business development of an online
poker activity as well as to European legal
–– Bank of Scotland: Advising on a loan
and regulatory issues in relation with
to Ellerman Investments to acquire the
proceedings in France, Malta and
Ritz Hotel and Casino
European Commission
–– Bank of Scotland: Advising on the
–– Several gambling providers
Resorts World @ Sentosa financing for
regarding patent and licencing issues
a casino in Singapore
–– Global e-money institution
in relation to the payment methods
of online gambling and online betting
–– Counseling a cross-border casino
operation in all aspects of anti-money
“I enjoy the personal laundering compliance governing the
relationship I have with the gaming industry and payments under
firm; a few lawyers take the United States law
lead and remain the first point –– Representing a California casino
of contact even if they engage in a joint federal-state investigation into
other people, such as experts anti-money laundering issues
or associates.”
–– Advising a third-party service
(Client) Chambers Europe, 2015 provider to a casino as to the
applicability of United States anti-money
laundering rules and regulations.12 Hogan Lovells
Key contacts
Prof. Dr. Thomas Dünchheim
Partner, Dusseldorf
T +49 211 1368 422
thomas.duenchheim@hoganlovells.com
Dr. Volker Geyrhalter
Partner, Corporate/M&A, Munich
T +49 89 290 12 263
volker.geyrhalter@hoganlovells.com
Dr. Norbert Heier
Partner, Real Estate, Hamburg
T +49 40 41993 121
norbert.heier@hoganlovells.com
Dr. Morten Petersenn
Partner, Hamburg
T +49 40 419 93 166
morten.petersenn@hoganlovells.com
Dr. Richard Reimer
Partner, Banking Regulatory, Frankfurt
T +49 69 962 36 414
richard.reimer@hoganlovells.comOur Gaming Expertise in Germany January 2018 13
Dr. Marcus Schreibauer
Partner, Dusseldorf
T +49 211 1386 352
marcus.schreibauer@hoganlovells.com
Dr Stefan Schuppert
Partner, data protection and information
technology law (IPMT), Munich
T +49 89 29012 395
stefan.schuppert@hoganlovells.com
Dr. Falk Schöning
Partner, Brussels
T +32 2 505 0923
falk.schoening@hoganlovells.com
Dr. Markus Kuczera
Counsel, IPMT, Dusseldorf
T +49 211 1368 180
markus.kuczera@hoganlovells.com
Dr Mathias Schönhaus
Counsel, Tax, Dusseldorf
T +49 211 13 68 523
mathias.schoenhaus@hoganlovells.com14
Antje Weiss
Senior Associate, Dusseldorf
T +49 211 1368 422
antje.sadowski@hoganlovells.com
Carsten Bringmann
Associate, Dusseldorf
T +49 211 1368 357
carsten.bringmann@hoganlovells.com
Sarah Gremm
Associate, Frankfurt
T +49 69 96236 421
sarah.gremm@hoganlovells.com16 Hogan Lovells
Our team
DUsseldorf London Frankfurt
Prof. Dr. Thomas Dr. Mathias Charles Brasted Richard Welfare Julia Marlow Dr. Richard Reimer Sarah Gremm
Duenchheim Schoenhaus Partner Partner Counsel Partner Associate
Partner Counsel
Dr. Erhard Keller Antje Weiss Dr. Markus Kuczera
Partner Senior Associate Counsel
Dr. Marcus Carsten Bringmann
Schreibauer Associate
Partner
Washington, D.C. New York Los Angeles
Gregory Lisa Hilary Tompkins Jim McGovern Stephanie Yonekura
Partner Partner Partner Partner
Mexico
Juan Francisco Brenda Rogel Jorge Yanez
Torres Landa Partner Partner
Partner
Paris Luxembourg Madrid Italy
Mikael Salmela Patrice Navarro Tobias Seidl Lucas Osorio Marco Berliri Fulvia Astolfi Luigi Mansani
Partner Partner Senior Associate Partner Partner Partner PartnerOur Gaming Expertise in Germany January 2018 17
Amsterdam Brussels Hamburg Warsaw
Klaas Bisschop Marieke Poulie Dr. Falk Schoening Dr. Norbert Heier Dr. Morten Petersenn Beata Balas-Noszczyk Maryla Surowiec
Partner Counsel Partner Partner Partner Partner Associate
Russia
Oxana Balayan Serafima Pankratova
Partner Associate
Tokyo
Lisa Yano
Partner
Beijing
Xu Liang Steven Robinson
Partner Partner
Shanghai
Andrew McGinty Phil Cheng
Partner Partner
Hong Kong
Tim Fletcher Tim Hill
Johannesburg Munich Partner Partner
Jackie Peart Danielle Magidson Dr. Ingmar Doerr Dr. Stefan Schuppert, Dr. Volker Geyrhalter Eugene Low Kenny Wong
Partner Partner Partner Partner Partner Partner CounselOur Gaming Expertise in Germany January 2018 19
About Hogan Lovells –
Our unique Hogan Lovells network
A legal practice for a changing world
Hogan Lovells provides high quality advice to corporations, financial institutions and
governmental entities across the full spectrum of their critical business and legal issues
globally and locally. Bringing together the combined strengths of our predecessor firms,
we have over 2,500 lawyers, including more than 800 partners, operating out of more
than 45 offices in the U.S., Latin America, Europe, the Middle East, Asia and Australia.
Hogan Lovells offers:
–– Comprehensive legal experience, –– A unique, high-quality transatlantic
knowledge and commercial capability, with extensive reach into the
understanding of the gaming industry, world's commercial and financial centres
telecommunications, the chemical and
–– Our practice breadth, geographical reach,
automotive industry as well as the
and gaming industry knowledge provide
extractive, medical, healthcare,
us with insights into the issues that affect
construction and retail industry.
our clients deeply and enable us
We understand not only the law
to provide high quality business-oriented
associated with betting, gaming,
legal advice to assist them in achieving
licensing and entertainment,
their commercial goals.
but the business behind it
–– Special and distinctive strengths in the
areas of public law, corporate law,
capital markets, banking and finance
law, intellectual property, copyright,
litigation and arbitration
“Hogan Lovells can operate better than many
home-grown firms in international deals, and
understands its international clients better.”
Chambers Europe, 201420 Hogan Lovells
Hogan Lovells in Germany
With approximately 350 total legal staff in our four German offices in Dusseldorf,
Frankfurt, Hamburg and Munich, we have the flexibility of resources to support all
your legal needs in this major economy.
The high quality of our advice is based on the excellence of our lawyers. In each office we
have developed our expertise in certain areas in line with the needs of our clients and local
market conditions.
Common to all our offices is the consistent quality of advice and the combination of
practical legal advice with commercially sound solutions. We combine profound market
knowledge with specialist know-how in various industries to achieve the best results for
our clients.
Key legal practice areas Key industry sectors
–– Antitrust –– Automotive
–– Capital Markets –– Consumer goods
–– Commercial –– Energy, natural resources and
infrastructure
–– Corporate
–– Financial services
–– Litigation & Arbitration
–– Insurance
–– Employment
–– Life Sciences and health care
–– Finance
–– Natural resources and infrastructure
–– Intellectual Property
–– Real estate
–– Private Equity
–– Telecommunications, media
–– Real Estate
and technology.
–– Regulatory
–– Tax and Accounting.Our Gaming Expertise in Germany January 2018 21
Four German offices
Dusseldorf
Kennedydamm 24
40476 Düsseldorf
T +49 211 1368 0
Frankfurt
Untermainanlage 1
60329 Frankfurt am Main
T +49 69 96236 0
Hamburg
Alstertor 21
20095 Hamburg
T +49 40 41993 00
Munich
Karl-Scharnagl-Ring 5
80539 München
T +49 89 29012 022 Hogan Lovells Notes
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