In the current issue of GRUR-Prax 2026, 605, Patrick J. Kaatz, LL.M., discusses a recent decision by the Higher Administrative Court of Hamburg.
In this decision, the Higher Administrative Court addresses the antitrust assessment of the State Treaty on Gambling and formulates questions for a preliminary ruling to the European Court of Justice. It seeks clarification from the Court regarding,
- whether the granting of permits on a state-by-state basis is consistent with antitrust law,
- whether state-run lotteries provide services of general economic interest and
- whether the so-called principle of coherence applies in this context.
These questions referred for a preliminary ruling could have enormous implications for state monopolies, as they raise a fundamental issue: May the state actually seek to achieve legislative objectives that would justify an antitrust exemption, or may it merely cite them as a matter of course in order to benefit from the exemption?
In his analysis, Patrick J. Kaatz explains this ruling, examines its practical implications, and offers a prediction as to how the European Court of Justice might rule.