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“We’re calling on the Supreme Court to resolve this issue and recognise that Congress did not silently make the sports-betting industry immune from state law,” Davenport said in a statement.
New Jersey stakeholders are no stranger to the importance of a Supreme Court review. The state lost every case in the lead-up to the PASPA repeal, except for the one that mattered most in the end, and it could be the same in this matter as Kalshi has prevailed thus far in state court and the Third Circuit. Davenport’s petition cites that fateful PASPA ruling in its introduction.
“Just eight years ago, this court reiterated that ‘each state is free to act on its own’ in regulating sports betting,” the petition says. “But Kalshi has a different view. Kalshi bills itself as ‘the first app for legal sports betting in all 50 states’ and believes it can offer that legal sports betting without following the sports-gambling laws of any of those 50 states.”
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“We have been there for a long time and we have our positioning quite cemented. [But] we need to look at ourselves and keep improving, keep embracing the Peruvian culture and the way we fit in the market by applying a localised approach.”
As seen in many markets, especially in LatAm, local Peruvian brands and their cultural knowledge are facing competition from international operators that often bring bigger scale in terms of technology and capital.
For Ramiro Atucha, founder and CEO of Atucha Strategic Advisory, whether international operators can press home their scalable advantages will depend on how seriously they take localisation.
How to play Ninja Ways
The proposal also established criteria for risk classification of products and clarifying the obligations of operators and platforms. The measure would likely grant the illegal market the opportunity to continue expanding, as it would be unaffected by the new rules. The committee approved a request for urgency for analysis by the Senate Plenary.
Authored by Senator Damares Alves and six other senators, Bill 2.470/2026 amends the Betting Law, which regulates fixed-odds betting, with measures aimed at protecting mental health, consumers, and the family economy. The bill received a favourable opinion, in the form of a substitute from Senator Alessandro Vieira.
“This is a non-partisan initiative. It stems from society’s current understanding of the extent of the damage caused by so-called betting,” the rapporteur stated.