UKGC Responds to BetIndex Inquiry
The Gambling Commission has confirmed that it will make changes to how it regulates innovative digital gambling products, in response to the collapse of the sports betting platform Football Index earlier this year. The announcement follows the publication of the Independent Review of the regulation of BetIndex Limited, which has highlighted ways in which the gambling regulator and the FCA could be improved.
Football Index allowed fans to buy shares in football players, in return for performance-based dividends. ©Tembela Bohle/Pexels
Football Index Collapse
The Gambling Commission, which regulates the UK’s gambling industry, has unveiled changes to how it will regulate novel gambling products. Following on from the collapse of betting platform Football Index earlier this year, the regulator has addressed ways in which it aims to improve its handling of future cases.
Football Index was a novel betting platform that styled itself as the stock market of football. Its unique business model allowed customers to buy shares in football players, which returned performance-based dividends. The value of players fluctuated based on how well they played on the pitch, as well as in response to new signings with bigger clubs.
Football Index, which was operated by parent company BetIndex, offered football fans a novel take on sports wagering, earning it a loyal consumer base. However, its stock market style also caused confusion for some customers, who felt that they were investing in players rather than betting on them.
As Football Index was a sports betting platform, it was regulated by the Gambling Commission, rather than the Financial Conduct Authority. This meant that consumer funds were not protected in the same way as they would have been had they been invested in regular stocks and shares.
At its most popular, Football Index had in the region of 500,000 customer accounts. Its collapse was set in motion when the platform decided to cut player dividends from 33p to just 6p. This decision proved to be monumentally unpopular with account holders, who saw the value of their portfolios slashed overnight.
Customers felt that they had been duped into investing in the platform beforehand by the release of new shares, and withdrew their funds on mass. However, the platform was reliant on consumers continually investing in the site in order to pay out shares.
UKGC Was Warned
The mass exodus meant that Football Index did not have enough funds to pay out all of its customers. As a result, it was forced to go into administration. Football Index’s license was swiftly revoked by the Gambling Commission, but it was too late for customers, who are thought to have lost as much as £90 million in total.
The regulator came under fire for failing to protect consumers, and it later emerged that the Commission had been warned of problems at the operator long before its collapse. Had the regulator acted sooner, for example by revoking or imposing restrictions on BetIndex’s license, consumers could have been protected from a crash.
The Betting and Gaming Council, which represents the UK’s casinos, bookmakers and online operators, pointed out that the Gambling Commission had been tipped off at the beginning of 2020, a whole year before the platform went under.
However, the Gambling Commission defended itself, saying that there was little it could do to stop BetIndex. In April, the government announced an independent inquiry into how Football Index was regulated. The review, which was led by Malcolm Sheehan QC, ran for thirteen weeks, starting from the announcement of its terms of reference on June 7th.
It has now come to a close and its findings have just been published. The report took a close look at the actions of the regulator from September 2015 until the suspension of the BetIndex’s license in March 2021. While the platform was never regulated by the Financial Conduct Authority, the review did look at how the FCA communicated with the Gambling Commission, and assessed whether Football Index should have been regulated as a financial service.
Improvements Made
The report noted a number of important findings. Firstly, BetIndex did not provide the regulator with proper notification of the nature of its product in its license application. It also failed to inform the Commission when changes were made to its product after it was launched.
It was judged that the Gambling Commission could have responded better to the challenges raised by BetIndex’s unique product, once it had been launched. It should have responded with greater scrutiny, acted faster on issues such as the language used in the product, and escalated issues better.
Despite never having regulated Football Index, the Financial Conduct Authority was also given feedback on how it dealt with the situation. The government’s report states that the FCA needs to improve the speed at which it responds to queries from the Gambling Commission, and should provide more consistent messaging on regulatory responsibilities.
Both parties complied with the investigation, and have already begun to implement changes in response to it. The regulator and the FCA have developed a strengthened Memorandum of Understanding. With new escalation routes included, it is designed to ensure that regulatory issues are recognized and overcome quickly.
The Gambling Commission has also updated its framework on how it assesses risk, taking into account product novelty. It has also tightened rules on how gambling products can be described, to prevent a lack of clarity between gambling and investing.
The FCA has nominated an Executive Director to manage its relationship with the Gambling Commission, and to ensure that future communications are clear and timely. It is also pursuing a program of change, as it set out in its July Business Plan.
The report goes on to question whether more can be done to make sure that gambling operators that offer long term bets are able to cover all payouts. The issue is also under consideration by government ministers, who are conducting a review of the 2005 Gambling Act. They are expected to publish a white paper soon.
Complex Gambling Products
New Gambling Minister Chris Philip announced the publication of the report. He was appointed the role of Parliamentary Under Secretary of State at the DCMS, following the prime minister’s recent cabinet reshuffle. The MP, who has represented Croydon South since 2015, takes over from John Whittingdale and will oversee the remainder of the Gambling Review. Philip said:
“We have been clear that we must learn lessons to make sure a situation like this does not happen again. I’m encouraged to see the Gambling Commission and the FCA are taking concrete steps on an action plan on how they will better work together.”
Responding to the report, CEO of the Gambling Commission Andrew Rhodes spoke about the complexities that this case presented. First apologizing to those affected by the collapse, Rhodes explained that in recent years new types of products have emerged, blurring the boundaries between gambling, computer games and financial services. Rhodes stated:
“We accept and agree that we should have drawn a line under our efforts sooner, but this does not mean those customers would not have lost money in the event of the BetIndex company collapsing. Throughout this case we sought the best outcome for consumers within the scope of our regulatory powers.”
The Gambling Commission is also undertaking its own investigation into BetIndex, which is expected to conclude soon. It has also referred the case to the Insolvency Service. The administration process at BetIndex is still ongoing, having begun in May. Administrators Begbies Traynor have already allocated some funds back to customers.
Due to the complexity of the case, the return of some funds has yet to be decided on. Many of the bets originally placed by users of the platform are still active, meaning that dividends are still owed. It is up to the administrators to decide on what date those dividends should be calculated from.
