United States – Measures Affecting the Cross-Border Supply of Gambling and Betting Services

E353368

United States – Measures Affecting the Cross-Border Supply of Gambling and Betting Services is a landmark WTO dispute case concerning U.S. restrictions on online gambling services and their consistency with international trade rules under the General Agreement on Trade in Services (GATS).

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Statements (50)

Predicate Object
instanceOf WTO dispute
WTO dispute settlement case
trade in services dispute
agreementInvoked General Agreement on Trade in Services
surface form: GATS
appealedTo WTO Appellate Body
surface form: Appellate Body
complainant Antigua and Barbuda
complainantObjective market access for Antiguan online gambling operators in the US market
complianceIssue United States did not fully bring measures into conformity
finding US failed to demonstrate that measures satisfied requirements of GATS Article XIV chapeau
US measures were found inconsistent with GATS Article XVI
geographicalScope measures applied by the United States affecting foreign suppliers
importance first major WTO case on internet gambling
landmark case on trade in services under GATS
institution World Trade Organization
keyFederalMeasure Illegal Gambling Business Act
Travel Act
Wire Act of 1961
legalIssue consistency of US gambling restrictions with GATS commitments
general exceptions under GATS Article XIV
market access under GATS Article XVI
national treatment under GATS Article XVII
measureTypeChallenged federal laws
state laws
modeOfSupplyConcerned cross-border supply (Mode 1)
outcomeForComplainant Antigua and Barbuda prevailed on key claims
panelEstablishedBy Dispute Settlement Body
surface form: WTO Dispute Settlement Body
policyArea international trade law
regulation of online gambling
raisedIssue scope of US GATS commitments on recreational services
use of public morals exception in trade in services
relatedConcept cross-border electronic commerce
market access commitments
public morals exception
respondent United States of America
surface form: United States
retaliationAuthorized Antigua and Barbuda
retaliationForm suspension of obligations under TRIPS
sectorConcerned gambling and betting services
shortName US – Gambling
subjectMatter cross-border betting services
online gambling services
thirdParty Australia
Canada
Chinese Taipei
Costa Rica
European Economic Community
surface form: European Communities

India
Japan
Macau
surface form: Macau, China

Mexico
WTOdisputeNumber DS285

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WTO Appellate Body notableCase United States – Measures Affecting the Cross-Border Supply of Gambling and Betting Services