Turning Fantasy into Regulatory Reality: A Comparative Approach to Daily Fantasy Sports Through Contracts

LSN: Other Issues Involving the Sale of Goods or Services to Consumers (Topic) Pub Date : 2016-03-31 DOI:10.2139/ssrn.2757152

P. Feeney

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Abstract

FanDuel and DraftKings have become the two biggest contenders in the fast-growing daily fantasy sports industry. Heavy hitters in the sports world, like Fox Sports and NBC, have also jumped onto the daily fantasy sports bandwagon. But in New York, these websites have been made illegal. Other states are considering classifying daily fantasy sports as illegal gambling. The question of what now to do with daily fantasy sports has just been opened up, but the answer is not simple. It is undesirable to suddenly declare a multibillion-dollar industry illegal without qualification, but there are currently no regulations limiting fantasy sports providers. Analogous regulatory systems found in securities exchange regulations may be the key. Securities trading and “traditional” sports gambling have long been analogized and compared, and it is possible to fit fantasy football into this comparison between sports betting and securities exchanges. This note argues that a broader look at the structure of the provider itself – how the provider receives and disseminates information, how the provider deals between participants, what connections the provider has to the relevant industry – may provide a more useful framework to configure a solution to the biggest problems currently effecting fantasy sports.

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将幻想变为监管现实:通过合同对日常幻想体育的比较研究

FanDuel和DraftKings已经成为快速增长的日常梦幻体育产业中最大的两个竞争者。体育界的重量级人物，如福克斯体育(Fox sports)和美国全国广播公司(NBC)，也加入了每日梦幻体育的潮流。但在纽约，这些网站被定为非法。其他州正在考虑将日常梦幻体育列为非法赌博。现在如何处理日常梦幻体育的问题刚刚出现，但答案并不简单。不加限制地突然宣布一个数十亿美元的产业是非法的，这是不可取的，但目前没有限制梦幻体育提供商的规定。在证券交易条例中发现的类似监管制度可能是关键。证券交易和“传统的”体育博彩长期以来一直被类比和比较，在体育博彩和证券交易之间的这种比较中，可以将梦幻足球纳入其中。本文认为，从更广泛的角度来看，提供商本身的结构——提供商如何接收和传播信息，提供商如何在参与者之间进行交易，提供商与相关行业有什么联系——可能会提供一个更有用的框架，以配置解决当前影响梦幻体育的最大问题的方案。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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LSN: Other Issues Involving the Sale of Goods or Services to Consumers (Topic)

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