ZfWG: Fantasy Sport Games – Geschicklichkeits- oder Glücksspiele?
By Prof. Dr. Marc Liesching, Dr. Wulf Hambach und Robert Schippel, LL.M., Munich, published in ZfWG 03/04 2018, p. 208 ff.
In Germany, the admissibility of daily fantasy sports depends on its qualification as a game of chance or a game of skill. Daily fantasy sports is a mixed game, where elements of chance and elements of skill are contained. However, the element of skill is predominant and influences the outcome of the game significantly. In contrast to sport bets, players of daily fantasy sports have control over the outcome of the game by choosing their squads due to a diversified rating system which is free of any manipulation.
In detail the predominant skill arguments are: The players’ performance is based on research, win/loss statistics and analysis of the data points and scouting reports.
The outcome is based on accumulated statistical results which ensures a consistent and realistic image of the performance of the individual athletes and allows precise forecasts thereof.
The salary cap requires players to use skill and strategy to compose competitive squads.
In contrast to sport betting the overall performance is decisive and the variables are much more diversified: players do not lose if one single outcome has been tipped incorrectly but earn “fantasy points” for multiple performance statistics of athletes on the squads.