“The Circular provides, for example, for the revocation of permission in the event that the licensee 'conjugates the lottery activity or acts concurrently with a commercial and/or service undertaking that is a concurrent, illegal, unhealthy activity or that compromises the image of CEF, the products or the Network of Lottery Units’”, observes Anna Florence Anastasia, specialist in Administrative Law at GVM Advogados.
The specialist explains that, in this way, Caixa protects itself against the possibility that lottery products operated by the States are sold in the same establishment that sells CEF lotteries.
“What used to be seen as a quasi-monopoly, now has 23 potential competitors — only four states already operate the service — which is extremely healthy for the market,” she says.
For her, one of the items that most attract attention in the new Circular is 23.2.4, which exempts the CEF from responsibility for “possible failures in the systems available for capturing bets,” characterizing this fact as a fortuitous event.
“This means that the failure of the system will be considered as an event that cannot be predicted or avoided and, therefore, will not be subject to eventual compensation by CEF in relation to third parties. In any case, what can be seen is Caixa's move towards improving the provision of its service, to the extent that lottery games, in general, have gained space, either in the Legislature or in the scope of the Executive Power," she concludes.
Source: GMB
