I had been wondering whether the EU would bring a complaint against the new U.S. online gambling ban, adding significant support to Antigua's existing complaint (the EU's sanctions would obviously be more potent than Antigua's sanctions). It appears that Antigua's lawyers in the case are wondering the same thing. In a short op-ed, one of its lawyers notes:
In fact, US non-compliance is so painfully obvious that one cannot but wonder about the complete lack of response from the EU and the UK. Companies do not have direct access to WTO dispute settlement and have to rely on governments (or the European Commission) to defend their interests. Of course, gambling is politically sensitive. However, there is little doubt that, if this were to have been a matter of US v EU (as opposed to EU v US), the US would be breaking down the EU's door.
I have seen criticism of the ban by UK officials:
Britain's culture secretary on Friday compared the U.S. crackdown on online gambling to the failed alcohol ban of Prohibition as she prepared to host an international summit on Internet gambling next week.
Tessa Jowell warned that the U.S. ban on Internet gambling would make unregulated offshore sites the "modern equivalent of speakeasies," illegal bars that opened in 1920s America when alcohol was banned.
But no word on a WTO complaint.
UPDATE: Still nothing definite, but this was interesting:
Britain is sympathetic to Antigua's complaint to the World Trade Organisation over the United States' decision to effectively ban online gaming, UK sports minister Richard Caborn said on Tuesday.
He stopped short of saying Britain would support Antigua's complaint claiming the United States was acting in a protectionist manner however.
"It will be a landmark decision... We sympathise in the sense we want the WTO to clear up this area," Caborn said at an online gaming summit at Britain's Ascot racecourse west of London.
"Antigua has made it very clear it welcomes the support of the EU in this. We will find out the WTO's position in 2007," he added.
