KSA extends Lotto BV’s exclusive licences through 2031 as court challenge

The Kansspelautoriteit pressed ahead with a five-year renewal rather than wait for a Council of State ruling that could ultimately render the licences void.

Three exclusive licences covering scratch cards, sports betting, and lottery products have been renewed for Lotto BV through to 2031, according to the Kansspelautoriteit (KSA). The regulator acted ahead of a December 2026 expiry rather than delay for a pending judicial ruling. Its stated obligation: keep lawful gambling products available to Dutch consumers without interruption.

Why the KSA acted before the Council of State ruled

Lotto BV is a constituent business of Nederlandse Loterij, the state owned lottery group operating in the Netherlands. Its three product categories, lottery games, scratch cards, and land based sports betting, have each been granted exclusivity for another five years under the renewed permits.

Originally, the regulator had intended to hold off until the Administrative Jurisdiction Division of the Council of State delivered its verdict on a domestic legal challenge to the monopoly structure. At issue is whether the current arrangement, under which the state retains exclusive control over these product categories, can be sustained under Dutch law.

Waiting was not viable: the licences expire 31 December 2026, and allowing them to lapse while proceedings continued would create a gap in legal supply, which the KSA judged to be the worse outcome.

What the renewed licences actually require

The renewals are not unconditional. All three permits now carry new obligations requiring Lotto BV to notify the regulator in advance of any material change to its ownership or corporate structure. The KSA has said it will assess whether such a change affects the licence, including whether it can continue in the new situation or would need to be withdrawn.

The direct award, without competitive tender, was justified by the state’s ownership stake. That argument has a straightforward logic while the monopoly remains legally intact, but it is precisely that logic under challenge in the proceedings before the Council of State.

The complication

The Council of State’s ruling will not merely be advisory. If it finds that the monopoly system must be opened up, Lotto BV’s licences can remain in force, but other operators would then be able to apply for permits in the same categories. If it finds instead that direct awards like this one are no longer permitted, the licences could be revoked outright. The KSA has said any revocation would not take effect earlier than one year after the ruling, since it would need that time to prepare a transparent tender process.

Five year exclusivity is a stronger position than the status quo, but it does not protect Lotto BV and its parent company if the legal challenge succeeds. The KSA has been explicit that the licences could remain unchanged, lose their exclusive character, or be cancelled, depending on the outcome.

What comes next?

The critical date is the Council of State’s final ruling on the monopoly challenge, which remains pending. Once issued, any revocation the KSA decides on would not take effect earlier than one year from that decision.

Operators, suppliers, and investors with Dutch market exposure should track that ruling as the trigger for a formal reassessment of the exclusive rights now extended through 2031.

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