The Spanish National Markets and Competition Commission (CNMC) has launched an investigation into Sociedad Estatal Loterías y Apuestas del Estado, S.M.E, S.A. (SELAE) for a possible abuse of dominant position in the market for the sale of state-owned lotteries.
This investigation, identified as S/0005/25, focuses on the conduct of Loterías y Apuestas del Estado, one of the two operators with exclusive rights to market state-level lottery games, as designated by Act 13/2011 of May 27.
Loterías y Apuestas del Estado operates through two types of sales points: exclusive ones, dedicated solely to the sale of lotteries and bets, and mixed ones, where the primary activity is not gambling, such as restaurants, kiosks, or gas stations. The investigation centers on the possible unjustified refusal of Loterías to allow mixed sales points to market the Laguinda Insurance Policy. This product covers the payment of taxes associated with prizes won in Loterías draws.
The CNMC believes that this conduct could have exclusionary effects in an emerging market, the insurance covering taxes on games of chance, which is directly related to the marketing of state-owned lotteries. Following the confidential information phase, the commission has found reasonable indications of a possible infringement of Article 2 of the Law on the Defense of Competition (LDC) by Loterías y Apuestas del Estado.
It is important to note that the initiation of these proceedings does not prejudge the final outcome of the investigation. The CNMC has a maximum period of 24 months to make a decision on the case.
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