Benelux gambling group Becta BV has lodged a complaint against Nederlandse Loterij subsidiary Toto.nl over alleged abuse of monopoly rights, but the national lottery has expressed confidence over the outcome of potential proceedings.
Toto’s approach was first criticised by Circus.nl CEO Martijn Maertens in an interview with CasinoNieuws.nl last November and now Becta – the operating company of the Dutch licensed brand – has commenced legal proceedings with the Netherlands Consumer and Markets Authority (ACM).
It’s purported that Nederlandse Loterij undermined KOA rules – which have been in place since the launch of the online gambling marketplace in October 2021 – by providing unfair advantages to promote Toto to Dutch audiences.
Toto is accused of breaching the KOA regime requirements prior to market launch in which its brand was promoted to Nederlandse Loterij customers – deemed an infringement on Dutch online gambling’s ‘fair play rules’.
Furthermore, Toto and its state-owned counterpart Holland Casino are alleged to have acquired premium advertising slots on Dutch media to launch ‘aggressive advertising slots’.
The latest news arrives less than two months after the Dutch gambling authority Kansspelautoriteit (KSA) fined Toto Online €400,000 for advertising to young adults aged between 18 and 23.
The KSA further cautioned Nederlandse Loterij in December for illegally advertising on a football pools site.
However, addressing the recent allegations, Nederlandse Loterij has affirmed that it curtailed the advertising activity promoting its online subsidiary during 2022 and informed Dutch authorities of its new approach.
The board of Nederlandse Loterij has shared its view on advertising reforms required to safeguard and improve Dutch online gambling and, therefore, ‘looks forward to ACM’s decision with confidence’.