The Australian Competition and Consumer Commission has not opposed a new notification* lodged by Harness Racing Victoria whereby it proposes to offer a rebate to six nominated bookmakers** who use Tabcorp or another Victorian licensed wagering operator to place bet-backs and layoffs on Victorian harness racing.
Under Victorian legislation, HRV is able to charge a fee to bookmakers for approval to use race field information for Victorian harness racing and accept wagers on Victorian harness racing.
HRV propose to offer a rebate on the fee payable by the nominated bookmakers in relation to any layoffs or bet-backs*** placed by these bookmakers with the Victorian TAB for Victorian harness races, any wagering operator licensed in Victoria for Victorian harness races or have made a relevant economic contribution approved by HRV to the Victorian harness racing industry.
In September this year the ACCC issued a draft notice proposing to revoke a notification lodged by HRV for different conduct. HRV subsequently withdrew that notification and has since lodged this new notification.
"The ACCC considers that most of the concerns raised by the previous conduct have been addressed by the newly notified conduct," ACCC Chairman, Mr Graeme Samuel, said.
"The conduct has been broadened to allow a rebate for bet-backs and layoffs for Victorian harness racing placed with any other wagering operator licensed in Victoria."
"The nominated bookmakers are not required to place bet backs with licensed Victorian wagering operators in order to get approval from HRV to use race fields data. Although if they do so they will be eligible for the rebate. The bookmakers can split their bets and still receive the rebate for that part wagered with licensed Victorian wagering operators.
"The ACCC considers that the conduct will provide a small benefit to the nominated bookmakers by reducing the fee for access to Victorian race fields in recognition of the contribution they are making to the Victorian harness racing industry by placing their bet-backs with either Tabcorp or a licensed wagering operator in Victoria.
"The ACCC considers the public detriment from the notification to be minor and notes that this notification does not prevent other parties from applying for race fields approvals and negotiating a fee and/or rebate with HRV."
The ACCC consulted interested parties on the newly notified conduct. Copies of public submissions are available on the ACCC's website.
*Businesses may obtain protection in relation to conduct that might be at risk of breaching the exclusive dealing provisions of the Trade Practices Act 1974 by lodging a notification with the ACCC. Once lodged, protection for the notified conduct commences automatically, or in the case of third line forcing, after 14 days. The ACCC may revoke a third line forcing notification if its is satisfied that the likely benefit to the public from the conduct will not outweigh the likely detriment to the public from the conduct. Prior to issuing a notice to revoke a notification, the ACCC must issue a draft notice setting out its reasons for proposing to revoke the notification.
** Centrebet Racing Pty Ltd, CentreRacing, International All Sports Limited, Sportingbet Australia Pty Ltd, Sportsbet Pty Ltd and Sports Acumen Pty Ltd.
***A bet-back is placed by a wagering service provider to spread the risk of their loss on a race.
