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There is a saying I like to use a lot and that
saying is this, read the room. Well it appears

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DraftKings did just that after a series of earnings
calls in which no competitors came close to

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suggesting that they too might be implementing
a surcharge on betters in high tax states.

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We're going to talk about DraftKings change
of heart and the flutter earnings call that

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preceded it on today's episode of iGaming Daily.
iGaming Daily is presented by OptiMove, the

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number one CRM marketing solution for the iGaming
market. If you're not solving your marketing

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problems with OptiMove, you still got a time,
plenty of time really to get in on it. You

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can claim a first free month too, optimove.com
forward slash SBC. The link for that is in

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the description below. And with that out of
the way, I am Jessica Wellman, editor of SBC

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Americas, joined by media manager Charlie Horner.
Charlie, I- We had Steve Radegon to talk about

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the DraftKings surcharges last week, but it's
funny the way the world works because you thought

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you weren't going to get to bang on it like
the rest of us, but here is your turn. What

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was your thought on these surcharges when you
first saw them? Yeah, well, when I first heard

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about this, I thought you can't do that, surely?
I mean, it was, yeah, pretty egregious from

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DraftKings to come out and say, yeah, essentially,
the players can pay part of our tax bill for

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us. I understand that businesses have to, or
well, choose to in some cases pass on costs

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to their customers. That's generally the case
in business, but this surcharge was really

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controversial and I don't think it was ever
going to land properly. And my favourite thing

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about it was Jason Robbins' quote. when he said,
yeah, this is our calculation, this is what

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we've worked out, and I'm fairly sure that all
of our competitors will quickly follow suit

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and join us in doing this. And well, it hasn't
exactly worked out that way. Yeah, to give

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you the exact words, because I love this one,
I think every company has to do what's best

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for their own business. I think we believe this
is what's best for us and I would imagine that,

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you know... If that's our calculus, then others
would come to the same conclusion. Hint, hint,

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nod, nudge, nudge. And then everybody else was
like, let me get as far away from you as humanly

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possible. You know, we talked about it last
week. I highly encourage people to listen to

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Steve Ruddock and I kind of break this down
if you want some of the details on why this

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was so controversial. And this week, I was seeing
a lot of people kind of asking procedurally

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if they're even allowed to do this in some of
the states that they're in. Sometime, like,

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would it be considered a change in house rules?
Would it be something that you have to get

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regulatory approval on before you could even
implement? I think the idea, I don't know if

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this has made it across the pond as much, but
here, every business, it seems like there's

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a surcharge for everything. Like in COVID, we
started seeing in a restaurant that is just

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like, I mean, it was literally just like a foods
expensive surcharge. It's hard to get food,

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so you have to pay more. Sorry. You know, surcharge
pricing in ride shares and that sort of thing.

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Is that common over there at all or no? We have
dynamic pricing in things like, yeah, taxes

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and Ubers and that kind of thing. But but generally,
I don't think there's as much of a surcharge

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culture over here as there is in the US. I mean,
I can't imagine this this. surcharge Malaki

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and sports books ever being accepted in the
UK. Um, so yeah. Given y'all's reactions to

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resort fees and hotel deposits, whenever you
come over here for events, no, I don't think

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it would happen. Well, you know, it didn't go
over well here. So they announced on August

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2nd, that this was going to be what they were
going to do in Illinois, New York, Pennsylvania,

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and Vermont starting first and on August 13th
they sent out this statement. We always listen

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to our customers and after hearing their feedback,
we have decided not to move forward with the

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gaming tax surcharge. We are always committed
to delivering the best value in the industry

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to our loyal customers, except when our CEO
gets on earnings calls and is just basically

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like, yeah, I think they're going to hate it
and I think they're going to complain, but

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I don't think they're going to change who they
bet with. So we're going with it. Yes, it's

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so egregious the way that... Well, I didn't
listen to his exact comments on the earnings

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call, but the way that you're framing it...
Yeah, I'm granted very much indulging. But

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I have read the quotes and they do assume that
people will just not like it, but still bet

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with DraftKings anyway because, well, our brand
is good, our product is great, but... Clearly

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the will of the people is to not go through
with this and DraftKings has had to just perform

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a dramatic U-turn because this, yeah, the backlash
has been so loud. Yeah, people may gripe about

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it but I don't really see behaviour change because
of it was Robin's prediction and that was not

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the case. So huge outcry on social media that,
you know, this is terrible, we hate this and-

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I'll be honest, like he said the quiet part
out loud, do I think people are too lazy to

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actually switch and they're just going to complain?
Yeah, but the goodwill was not there. I think

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more than the customers saying they didn't like
this, the fact that earnings call after earnings

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call happened, everyone was asked about the
surcharge and the answer was not. Seems like

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an interesting idea. We're going to keep our
thumb on it. It was nope, no thank you. Not

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doing, not getting near that one. We're good.
Yeah. I mean, it has been one of the first

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questions that's been asked of all of the big
PLC CEOs in the last few weeks. And I guess

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Robin's calculation was that everyone would
just follow suit. And if all the competitors

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do it, then players are going to have to accept
it because that's the way that all the regulated

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sports books are going. I think the advantage
that all of the other CEOs have had is that

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they've been able to see the public reaction
on social media to DraftKings decision and

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they have read the room and swiftly decided
that it's not for them.

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Robbins and DraftKings into the corner, really.
Yeah, you know, the timing of this was interesting

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because it was basically an hour after the Flutter
earnings call ended. And, you know, Rush Street

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came out and very much was like, we're not doing
this, we're never doing this. I think Penn

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and Flutter were both a little more like, it's
not really something we're thinking about doing,

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but you never know. There was a piece of me.
maybe like 3% when the DraftKings announcement

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came out that was just like, did they all plan
this? And DraftKings was like, we'll fall on

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the sword and go first. You know, then when
Flutter, you've got a couple weeks and you

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can say that you're thinking about it or whatever,
you don't want it to look like you all agreed

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to do it at the same time or, you know, states
are going to get mad. But there was a piece

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of me that wondered if they were all kind of
in on it together. the conspiracy theorist

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in me, right? I don't know if that was a thought
that crossed your mind at all. Will Barron

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Well, no, I mean, I'm going to put my tinfoil
hat on. I can understand it. And I understand

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why they might have those kinds of conversations
as well because, and we'll discuss it even

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more in the second half of the show, you know,
these tax rates in these states are high. in

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certain states like Illinois, they're getting
higher. Sportsbooks didn't sign up for those

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high tax rates in those states and they feel
like they have to do something to overcome

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those increasing costs and taxes. again, I think
it all comes back to your opening line, Jess,

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and you have to read the room on this one and
they've got to do things in a way that doesn't

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impact the customer really, because well, it's
clear that they don't want to be impacted by

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this, especially when it's not fair compared
to players in other states. So if you're in,

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I don't know, if you're in... North Carolina
and the tax rates lower, why are you getting

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a surcharge or worse pricing than those in New
York or Illinois? Yeah, I don't know, you know,

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there's some speculation that this is like a
grassroots effort to get betters to stand up

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and be like, DraftKings should pay less taxes,
which is just a sell. I will kind of say, it's

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not that these... What we saw from these earnings
calls collectively in these states where it

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is a very high tax rate up to now, you have
not seen too much disparity in how betters

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are treated state to state. What we have heard
is in most of these other companies have concluded

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that they're going to have to curb promo spend
in these states and they're going to have to

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curb marketing spend in these states. So you
may see slightly less generous offers in New

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York, Pennsylvania, Illinois. I think especially
given that Pennsylvania and Illinois are a

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little more on the mature side,

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it's understandable that they would potentially
curb back spending. Rush Street said they've

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cut back extensively on affiliates and that
they're going to focus on retention and other

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ways of acquiring customers. It won't be the
overt surcharge and I don't think it's one,

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you know, if you've already signed up, you've
gotten your offer. You know, will you be getting

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as many offers in the future as your friends
in Kentucky or Indiana or wherever? Probably

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not. So there will be some impact. I think we
have finally reached the point where you're

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going to see some differences.

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than the surcharge because you're not penalising
your players, you're just being less generous

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is the way that you can package it and like
you said some of these states are getting reaching

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maturity so naturally you would reduce the number
or amount of promotions that you're using in

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those jurisdictions anyway so I think that's
a natural of progression of the industry but

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to add a surcharge is yeah, I can understand
why there's so much backlash. And only if you

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win. If you keep losing, we'll cover it. If
you win, that's when we're gonna need you to

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contribute a little more. Now, I feel like we
have done actually, I don't think I feel, I

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think factually we have only talked about problems
for DraftKings the last three weeks of the

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pod. because we had Rainmakers in that lawsuit
as well. It has been a rough month for them,

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but let's just talk kind of optics for a second.
Is all of this stuff internal industry optics,

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or do you think this stuff seeped into the mainstream
enough that this might have an impact on, you

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know, DraftKings and its market share? To be
honest, I can't see the Rainmakers lawsuit

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and the closure of that. sort of division being
that much of a difference maker for the average

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player. But I think the surcharge probably has,
especially amongst players in those states

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that would have been impacted if they had gone
through with it in January. Because from a

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player's perspective, you've already had the
blow of, oh well this is what DraftKings thinks

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of me and I should be paying more than others.
that might have an impact. Will it have a genuine

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material impact on market share? I'm not sure.
I don't think that the players will think,

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well, they might have added a surcharge onto
my winnings, so I'm going to close my DraftKings

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account and go to ESPN Bet or FanJewel. I'm
not really sure, but I think optically they

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have taken a little bit of a hit. Is their reputation
as a company maybe a little less shiny? Sure.

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Although I will say based on what I've seen
on social media, the payouts on Rainmaker's

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stuff was expected to be pennies on the dollar,
but I didn't see people really griping so it

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seems like it was reasonable enough, which is
a good thing. They did walk back this decision,

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which is a good thing. So, it's not like they're
just completely slapping customers in the face

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all the time. It does seem like. They are reading
the room. They just have to be in the room

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a lot longer than the rest of us before they
can get the vibe. All right. Now that we've

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talked about DraftKings, we're going to take
a quick break, come back and talk about DraftKings'

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biggest competitor and their Q2 earnings call.
Welcome back to iGaming Daily. Now, I mentioned

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before that the timing of the DraftKings surcharge
followed the Flutter Q2 earnings call. Things

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were large. I mean, I'm not going to run down
numbers. You guys know things were largely

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very positive for Flutter in this past quarter.
They have moved over to the New York Times

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or the New York Stock Exchange and really focused
on, you know, the North American and in particular,

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US market. The one number I will highlight,
they said that in terms of market share, their

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National GGR for sports betting market share
is 47%. They've got a 25% share of online casino.

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And in North Carolina, where we haven't heard
operator data, they're saying they've got 59%

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of the market there. So a good year, a good
quarter up to guidance. The thing that really

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attracted my attention though, was a comment
by CEO Peter Jackson about Illinois. The Illinois

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structure, Charlie, I know we talked about that
they double or they increase the tax rate.

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What they also did was divide it into tiers.
And we saw in the first earnings report out

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of Illinois since this implementation, how that
works, where if you fall into a certain range

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of revenue, you get taxed at a higher rate.
If you don't hit a certain range, you get taxed

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at a lower rate. And Peter Jackson just straight
up called it wrong. I- I think that introducing

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a graduated tax system that punishes those who
have invested the most to grow their businesses

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wrong. I think it will drive customers to offshore
operators or potentially to onshore operators

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who are offering unregulated and untaxed parlay's
under the guise of sweepstakes." There's a

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whole lot of haterade in that sentence. So let's
break it down. What did you make of this comment?

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I thought it was very, very candid, very open.

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just listening to the call the way he said it
as well. You know, he slowed down and broke

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down the question into multiple parts and really
focused on Illinois as something that he was

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clearly agitated about. So I think, yeah, he's
not afraid to speak his mind on this issue

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and again, I can understand where he's coming
from in terms of the way it's impacting Fanjul

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over other operators. I would say another controversial
comment from a gambling CEO. It's interesting.

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Generally in this industry, you never badmouth
the lawmakers and the regulators. And that

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patience seems to be running a bit thin. We
saw it in a hearing in New York last year.

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Now we are hearing it about Illinois. Steve
Reddick on the podcast we did last week mentioned

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Some of the attitude about Draftkings and Fandual
was allegedly part of the reason. They were

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like, we're not just gonna double it, we're
gonna make sure you pay more than everybody

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else. So I question the effectiveness of this.
I mean, it's done, they're not gonna undo it

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and I appreciate the candor of it. I will say
though, he kind of elaborated on this answer

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at another point in the call where On paper,
yes, it seems like it sucks the most for DraftKings

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and Fandl that they have to pay into a tax structure
that is higher than other operators. But Jackson

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argued that in other aspects of Flutter's business
where they've had these kinds of high taxes

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or tiered tax rates, what they've actually seen
is since everyone, the tide has risen on tax

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rates, smaller operators are going to struggle
to cover that cost more than bigger operators

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are. and they're going to have to cut pricing,
cut marketing, cut promos. And as a result,

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as much they basically were like, this is like
point blank, the percentage that the money

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we think we're going to lose in Illinois. But
we also think we're going to get about 10 percent

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of it back because our model suggests other
people that are smaller are going to get hit

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by this so hard that they will end up jumping
ship to us. Yeah, I heard this as well and

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I thought that was absolutely fascinating that
they'd modeled this on other markets where

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there were similar tax rates. And I think it
goes to something that Adam Greenblatt of BetMGM

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was saying, I think he told the SBC Leaders
magazine last year where he was predicting

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that essentially the smaller operators in the
US are basically on sort of numbered days in

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terms of how long they can keep on going. It's
something that we have seen. We've seen a number

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of market exits this year over the last 12 to
18 months. And I guess Peter Jackson and Adam

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Greenblatt have predicted this is going to carry
on into the future where there are sort of

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these, what they would label unsustainable tax
rates. Yeah, I'm curious. It's interesting.

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Alex Kane, who's been on the pod before and
is very outspoken on Twitter. has said in the

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past advocating for, you know, sport trade as
a smaller operator paying less taxes or a tiered

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tax rate that he thinks it would help them.
But I think what Jackson's kind of saying is

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in tandem with the massive increase in the overall
tax rate, you're actually helping us more than

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you're helping small operators. It's interesting.
I'm very curious to see how things are going

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to go. I know my colleague Justin Byers was
exhausted by the time he got done trying to

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understand this new revenue report with the
tiers and whatnot and how it works. That I

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think we need to see a little more data before
it fully plays out. But it was interesting

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that they're saying, you know, we think we're
going to lose X amount, but we'll probably

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recoup. It could be lower because other operators
are going to struggle more than we are.

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quick note about another comment he made. It
seemed like a veiled jab at GG Poker with the

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acquisition of the World Series of Poker. Jackson's
statement, GG Poker operates in a lot of markets

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that we wouldn't be prepared to operate in,
so I think there's some interesting questions

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there for some of those people involved. Yeah,
that was spiky. Yeah, so I- I don't follow

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the international scene as much as the rest
of you guys. I do understand that GG Poker

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is in a lot of very unregulated markets. I've
heard rumors and speculation that perhaps some

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of their geofencing and things allows for people
with VPNs and very simple spoofing technology

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to get in. So. I think there's always been speculation
here in the States. There's a reason they only

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have a supplier license in Pennsylvania and
they've never pursued licenses anywhere else.

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Some of that is the WSOP is on and whatever
888 is called now, contract for another year,

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Evoke, right? Evoke, yes. Okay. I can't keep
up with all of these very new agey rebrands.

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So some of it is that. But- They've never really
come into the States and the whispers have

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always been, can they muster up the suitability
necessary? And I, it seems to me as I'm reading

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this, that Jackson might be raising an eyebrow
in that general direction. Yeah. I think he's

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probably raising more than one eyebrow. Maybe
a finger and pointing it. Yeah, absolutely.

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Again, again, it was another sort of, um, big
moment in, in the earnings call. A lot of the

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time these earnings call can be quite dry, not
too many lines, a lot of financial data, but

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this Flutter one, there were quite a few interesting
news points, which was great from a journalist's

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perspective. Yeah. It was Feisty Man pointing
fingers at lawmakers, at the WSOP and GG Poker

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deal, and apparently the new favorite thing
to pick on, you know. Enjoy the run, daily

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fantasy sports against the house, sweepstakes,
casinos are the new target du jour for these

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operators. All right, we have completely run
out of time, so I am gonna go ahead and wrap

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up, but Charlie, thank you for your insights.
I'm glad that you got to weigh in on one of

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the more absurd, weird choices we've seen in
the industry this year. I'm sure we'll have

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something to say about DraftKings or someone
else on our next episode of iGaming Daily,

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so be sure to tune in.