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For Kesitilwe, tackling the illegal market is not just a regulatory priority but a fundamental player protection issue.
“Oftentimes when you see governments increasing taxes, banning iGaming, it’s mainly because of illegal operators because they don’t comply,” he declares. “An illegal operator may not provide age verification, responsible gambling tools, secure treatment of player funds, or an effective complaints mechanism.
“So illegal operators undermine licensed businesses that invest in compliance, contribute to taxes and operate under regulatory oversight. We are where we are because of illegal operators. Oftentimes, licensed operators have licence conditions that they need to abide with.”
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This can be difficult, however, as Atucha explains some larger platforms entering LatAm will only work with tier 1 operators, rather than helping smaller companies develop. “It’s challenging because first, whatever you would consider a tier 3 or a tier 2 or even a startup in an emerging market like Latin America can eventually become a tier 1 operator,” Atucha suggests.
“We’ve got lots of cases, EstrelaBet being one of them. They started from nothing and they grew a lot. And probably platform suppliers will have ignored them and regret that later on. You’ve got lots of cases like that.”
Atucha suggests global scale is only an advantage for international operators when it is executed with a local perspective. Having been in the Peruvian market since 2008, Betsson boasts considerably more local experience than a newer international entrant. “We have seen it all,” Rossi says.
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The judges highlighted the number of gaming halls in the city remained largely stable after the increase.
The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.
Wiesbaden’s tax, set under local statute, applies to expenditure on gaming machines, and the city said the higher rate was part of its response to strained finances.
