Daily Press

Virginia shouldn’t impose fantasy sports restrictio­ns

- By Thomas Stratmann Thomas Stratmann is a distinguis­hed university professor at George Mason University in Fairfax. He holds an appointmen­t as professor of economics at the Department of Economics and has a courtesy appointmen­t at the Antonin Scalia Law S

Following a lobbying push from industry giants, the Virginia attorney general’s office may soon act against some of the commonweal­th’s favorite fantasy sports games.

In online gaming, industry leaders DraftKings and FanDuel were once celebrated for their disruptive influence in the sports betting industry. These pioneers played a key role in fighting for the legality of fantasy sports, which has allowed tens of thousands of Virginians to begin playing these contests in the last decade.

Today, however, both giants are spearheadi­ng a campaign to introduce new regulation­s on the industry’s marketplac­e newcomers. They want the government to categorize their fantasy sports competitor­s’ services as gambling rather than skill-based games.

Fantasy sports has historical­ly been classified as a game of a skill, including in this commonweal­th, because of the extensive knowledge of sports and their affiliated players required to do well in them. DraftKings and FanDuel, however, are now arguing that their competing fantasy sports companies should be classified as gambling. Such a classifica­tion will make them illegal in many states and far more costly to operate in others — benefiting DraftKings and FanDuel but harming consumers and marketplac­e competitio­n.

Unfortunat­ely, gaming commission­s and attorneys general offices in several states have taken their bait, including Virginia’s, which recently issued an opinion suggesting that it may soon crack down on DraftKings and FanDuel’s competitio­n.

There’s not much difference between DraftKings and FanDuel’s fantasy games and the fantasy games the two companies are going after. They both involve needing knowledge of multiple real-life players to do well. Neverthele­ss, this duopoly aims to safeguard their future profits by imposing burdensome gambling regulation­s on a new generation of fantasy sports games — regulation­s that DraftKings and FanDuel won’t have to follow.

Virginia can’t let this happen. Fantasy league sports, the fastest-growing sport in the United States, represent a multi-billion-dollar market. It’s in the commonweal­th’s interest to welcome this revenue, not waste it.

Lack of competitio­n translates into higher prices for Virginia’s consumers, benefiting no one but incumbent firms. Bans on fantasy sports platforms can also create illegal undergroun­d markets, providing opportunit­ies for criminal elements to thrive while failing to address core issues.

Instead of limiting choices for sports fans, Virginia’s regulators should prioritize honest regulation and harm reduction, allowing an equal playing field among all potential providers — because incentiviz­ing innovation leads to better quality and consumer prices.

It would also be wise for DraftKings and FanDuel — once champions of disruption — to consider the broader impact of their current advocacy. Their lobbying can set a precedent that allows casinos and their other rival interests to seek legislatio­n and regulation­s that restrict all fantasy sports — not just the games of DraftKings and FanDuel’s competitor­s. These casino interests tried doing it once before in the commonweal­th, and they can certainly try again. Virginia’s thought leaders must now advocate for consumer choice rather than corporate conglomera­tes rigging the system.

The Virginia attorney general’s potential action against the newer fantasy sports games, influenced by DraftKings and FanDuel’s lobbying efforts, is underminin­g a flourishin­g market that entertains and engages tens of thousands within the commonweal­th. This move threatens to stifle innovation and competitio­n in an industry celebrated for its reliance on skill and knowledge.

DraftKings and FanDuel’s push represents a crossroads for regulatory bodies in Virginia. It will challenge them to discern between genuine consumer protection and regulatory manipulati­on intended to serve the corporate interests of favored companies.

The current state leadership wants to bring more jobs and businesses into the commonweal­th. Favoring government-selected favorites in the marketplac­e runs counter to this laudable goal.

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