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The bill passed at third reading on 13 August after second reading debate and clause-by-clause consideration during the committee stage. The measure has not yet been confirmed as having received presidential assent or entered into force.
If enacted, the bill would amend the Gambling Authority Act (Cap. 19:03). Its provisions would take effect on a date appointed by the responsible minister through an order published in the Government Gazette.
The age proposal was the bill’s most contentious provision. Opposition MPs argued during the committee stage that Botswana should retain the existing minimum age of 21, but the bill passed with Clause 2 intact. The clause would replace references in the Act to “the age of 21” with “the age of 18”.
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Wyoming Senator Cynthia Lummis, the leading negotiator for Republicans, berated her Democratic colleagues in a statement, saying they “played games” and “were never truly serious about protecting consumers”.
“The Democrats are now anti-American – sad!” she said.
The rejection of the Clarity Act can be viewed as a victory for gaming stakeholders in their fight against prediction markets, which are closely intertwined with the crypto world. Crypto markets have long been the second-largest category of prediction market trading, behind sports, and many crypto exchanges also now offer predictions. These include Crypto.com, Coinbase, Gemini and many others.
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According to data from Yahoo Finance, the resort and casino sector is -41% over the last five years, and the overall gambling sector, which includes major sportsbooks and online operators, is +7%; the benchmark S&P 500 index, by comparison, is +71% during that span.
Two blockbuster developments in the casino space earlier this year seemed to indicate an increasingly bullish bet on the sector, including Fertitta Entertainment’s acquisition of Caesars Entertainment in May. The other is a subsequent takeover offer of MGM Resorts from its largest shareholder, Barry Diller’s People Inc. But a negative shift in market conditions could affect both deals.
In July, Fertitta’s General Counsel Steven Scheinthal told the Nevada Gaming Control Board that the company had a letter of intent from banks to finance the transaction but was waiting for better borrowing conditions. Fertitta is assuming nearly $12 billion in Caesars’ debt and is committed to a $6.6 billion financing package.
