How Market Liberalization Impacted Sweden’s Gambling Industry

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How Market Liberalization Impacted Sweden's Gambling IndustryThe gambling industry in Sweden has continued to evolve over the past 25 years, transforming from a state-run business into a market that an increasing number of operators seek to enter. However, this transformation did not happen overnight, and the country had to make significant progress before its gambling industry began to flourish.

The gambling market is developing quickly, and interest in online gambling has grown even further, which has rendered the existing legislation irrelevant and made re-regulation necessary.

Yet, before the introduction of the new Gambling Act in 2019, the industry was somewhat disorganized. Until its passage, the market remained entirely in the hands of the state-owned monopoly.

In this article, we will examine the journey Sweden undertook to become a country with a well-developed and well-regulated gambling industry, so keep reading.

The State of Affairs Prior to 2019

The State of Affairs Prior to 2019Sweden has long been on the radar of foreign gaming operators, even more so after the legislative changes that took effect at the beginning of 2019, which explains the ensuing buzz.

The monopoly over the gambling industry lasted for quite some time, and it began in 1934 when the first private bookmaker was established. Needless to say, its operations were heavily regulated, and, more importantly, it was nationalized shortly after it was founded. Several years later, this nationalized bookmaker and a small-scale national lottery merged, resulting in the creation of Svenska Spel, a state-owned betting company that backed all forms of gambling for many years.

It is important to note that Svenska Spel was responsible for organizing lotteries, sports events, dog races, and operating gaming machines. The scope of the Horse Racing Totalizator (ATG), on the other hand, covered betting on horse races, whereas lotteries and bingo were organized by public-benefit organizations.

The two main pieces of legislation that ensured the industry would remain under state control were The Lotteries Act 1994 and The Casinos Act 1999.

Thanks to legislative changes enacted in 2002, Svenska Spel was allowed to start using digital platforms, which gave Swedes access to online scratch cards. A few years later, the range of available options broadened further when additional reforms allowed residents to play poker online.

Engagement among Swedes in such activities online rose sharply, and according to available data, in 2003 gaming via Svenska Spel reached 60%, generating well over SEK490 million.

Over the next few years, the government realized there was no way to prevent overseas operators from serving Swedish players, while pressure from the EU continued to mount.

Despite the legislative developments that allowed foreign operators to provide their services in the country, Sweden has retained its monopoly over a number of gambling activities. Along with slot machines and brick-and-mortar casinos, the state still controls bingo and lotteries, whether virtual or land-based.

How the Swedish Gambling Market Fared under the State Monopoly

How the Swedish Gambling Market Fared under the State MonopolyAfter these sweeping changes to its gambling laws, Sweden has largely abandoned the state monopoly. One question remains though: how did the gambling industry perform before these game-changing legislative amendments?

Over the past two decades, the private gambling sector in the country has posted consistent growth. Available data show that the number of private companies operating in Sweden surpassed twenty almost ten years ago. In addition, the combined market capitalization of the fifteen companies listed on the stock exchange was close to SEK70 billion.

GGR of Sweden’s Regulated Market under the Monopoly
Regulated vs. Unregulated Market Performance prior Liberalization
Popularity of Online Gambling in Sweden Compared to Other EU Countries

Reasons for Market Liberalization

Reasons for Market LiberalizationThere are several factors that led to the opening of the Swedish gaming market, and the biggest game changers were the growing pressure from the European Union, the intensifying efforts of operators to enter the market, and the changing preferences of players.

While examining how Sweden’s legislative framework has changed, the first thing to consider is the role the EU has played. In 2004, the country received a letter of formal notice stating that the limited betting opportunities offered by Svenska Spel should be introduced in a consistent and systematic fashion.

The following year, Ladbrokes applied for permission to operate in the country, but the Swedish Supreme Administrative Court rejected the application.

The Swedish government continued to maintain its tough stance on liberalizing the market. In 2006, the European Commission requested information from Sweden and several other countries, including the Netherlands, Hungary, Germany, Italy, Finland, and Denmark, regarding the limited offering of sports betting. Although the Commission did not directly address the state monopoly, it expressed concerns that the national measures breached EU law, specifically Article 49 of the Treaty.

The following year, the Commission asked France and Sweden to adjust their legislation to make it compatible with EU law. Contrary to expectations, the Swedish government refused to enact the required changes, keeping its monopoly on the gambling market and blocking overseas operators.

Over the next few years, a growing number of lawmakers expressed support for making the gaming industry more competitive. The first steps toward an open-door licensing system that foreign operators could enter were announced in 2008.

Pressure from the European Commission continued, and in 2012 Sweden was asked to adapt its legislation concerning poker and online betting. The Commission was not satisfied with the amendments, which led to Sweden being referred to the Court of Justice of the EU. In 2015, the Swedish government continued efforts to scrap the monopoly and outlined its own licensing system.

According to the proposal, land-based horse racing, sports betting, bingo, poker, and online casinos offered by foreign operators would be made available to Swedes. Although domestic courts initially upheld the state monopoly, the crucial legislative amendments ultimately took effect at the beginning of 2019.

Improved customer protection also played a role in liberalizing the market. Before the industry opened, Swedes often played at foreign betting sites where safety standards and player protections were uncertain. With some overseas operators, the conditions were unclear, exposing gamblers to greater risk.

As already mentioned, the recent legislative changes did not remove exclusive state control over all forms of gambling, which in practice limits the flow of money to overseas operators. Tax revenue is another factor to consider when discussing the reasons behind Sweden’s gambling market liberalization.

Regulations Under the Swedish Gambling Act of 2019

Regulations Under the Swedish Gambling Act of 2019The rise of online gambling, its growing popularity, and pressure from the EU gradually eroded the state monopoly over the industry.

Swedes are enthusiastic gamblers, and data show that about 60% of the country’s residents took part in gambling during the past year. The industry is expanding rapidly thanks not only to changing consumer behavior and advancing technology but, above all, to recent legal initiatives.

This expansion would likely not have occurred without the Gambling Act, which came into force on January 1, 2019. The market was re-regulated after the Riksdag, Sweden’s national legislature, approved amendments that dismantled the state monopoly and allowed foreign operators to apply for licenses and serve Swedish players. These 2018 amendments placed greater emphasis on customer protection and effective management of risky gambling.

The reform enjoyed near unanimous support among lawmakers and, as a result, the market became far more competitive as foreign operators entered, giving Swedes a much broader choice of regulated options. The rules introduced at the start of 2019 aim to exclude unregulated operators and ensure adequate oversight of the market.

The Gambling Authority also deserves attention because it is charged with keeping the gambling market healthy and safe. Under the new legislation, responsibility for issuing licenses shifted from the government to the Gambling Authority.

Licensed operators must take every measure to prevent excessive gambling and therefore need to monitor user behavior.

The legislative changes reshaped Sweden’s gambling market, which is now divided into several segments, including online gambling and betting, gambling for public benefit such as bingo and lotteries, token machines, and land-based casinos.

The legal framework rests on multiple statutes, most notably the Gambling Act, Money Laundering Act, and Marketing Act, among others.

Several agencies and organizations are involved in the industry, including the Gambling Authority, the Ministry of Finance, the Swedish Consumer Agency, and the Swedish Public Health Agency.

Taxes and Fees
Restriction on Gambling Advertisements
Measures Against Unauthorized Gambling Businesses

Liberalization Impact on Sweden’s Online Gambling Industry

Liberalization Impact on Sweden’s Online Gambling IndustryAs in many other countries, gambling is becoming increasingly accessible to residents of Sweden, largely thanks to operators’ efforts to make their services available across all platforms. Although the Swedish gambling market was liberalized more than two years ago, the pieces have yet to fall into place. The COVID-19 outbreak has actually intensified existing challenges related to unlicensed gambling and player protection.

The situation prompted lawmakers to approve a set of temporary rules aimed at tightening control over virtual casinos and enhancing player protection. To reduce the harm caused by excessive gambling, the government introduced rules under which players may claim only the bonus offered on their first deposit, and, most importantly, the bonus amount cannot exceed SEK100.

Foreign operators were understandably unhappy with the crackdown on virtual casinos and argued that the measures were designed to bolster ATG and Svenska Spel. Yet, contrary to their expectations, revenues have continued to rise even after the limits were introduced.

To mitigate the negative effects of excessive gambling the new measures also impose a mandatory weekly deposit and loss cap of SEK5,000. Players must set time limits for their betting sessions. Operators fear that the temporary measures will remain in place, ultimately strengthening the position of state-run companies and allowing them to dominate the industry.

Experts worry that the restrictions could have the opposite effect, increasing the appeal of the black market among vulnerable individuals.

The Swedish Gambling Authority reported that around 59,000 people used the self-exclusion scheme in 2020. That number keeps growing and has already exceeded 61,000, marking an increase of about 6%.

How the Industry Fares Under The New Regulations
The Increased Player Satisfaction