Det svenska spelmonopolet
Sätter EG-rätten stopp för statens kassako?
AbstractThe subject for this thesis is the Swedish gaming monopoly. This thesis describes the Swedish legislation that regulates the market for gaming in Sweden. The European legislation is also explained in the thesis; both the rules in the EC treaty and the rulings made by the EC court of justice (ECJ). The purpose with this is to see if the Swedish legislation can be upheld considering the rules set up by EC law. The second part of the thesis is focused on the actuality of the problem and the future possibilities for the regulation. In this part it is presented, among other things, a law proposal that regulates the gaming market from the point of view that corresponds with my analysis of the thesis overall.Gaming monopolies falls under the rules of services in article 49 in the EC treaty. To the rules in article 49 come the possibilities to exceptions in article 46. The ECJ has also extended these exceptions to other circumstances then the ones that are determined by the EC treaty. It is under these extended exceptions that the Swedish gaming monopoly should be evaluated. The ECJ has to this day not rejected any national gaming monopoly resembling the Swedish monopoly, but the ECJ has clarified more and more the prerequisites from which a gaming monopoly could be regulated. One of the purposes, if not the purpose, with the Swedish regulation has under a long time been to collect money for the government. This is very interesting due to the fact that the ECJ has expressed that economic motives cannot be the real justification for the restrictive policy adopted. It can only be accepted if it is an incidental beneficial consequence. The Swedish gaming monopoly can be criticized for this, and from other points of view. The conclusion in this thesis is that the Swedish gaming monopoly, as it is designed today, should not be acceptable considering the EC law. A change is therefore necessary, making the Swedish regulation more conformed to EC law. The proposal presented in this thesis is to open the market for other operators, making it a market exposed for competition. The legislation should, of course, still be there regulating the operators that get the necessary permit. Though getting the permits should, in contrast to today, undergo a general test. A new law is also suggested. This law focuses on merchandising of gaming products.