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Two blockbuster developments in the casino space earlier this year seemed to indicate an increasingly bullish bet on the sector, including Fertitta Entertainment’s acquisition of Caesars Entertainment in May. The other is a subsequent takeover offer of MGM Resorts from its largest shareholder, Barry Diller’s People Inc. But a negative shift in market conditions could affect both deals.
In July, Fertitta’s General Counsel Steven Scheinthal told the Nevada Gaming Control Board that the company had a letter of intent from banks to finance the transaction but was waiting for better borrowing conditions. Fertitta is assuming nearly $12 billion in Caesars’ debt and is committed to a $6.6 billion financing package.
“Our hope is that in the next few months there will be a window of opportunity where the market will be hotter and [it’s] a more interest rate friendly environment where we can go raise the money and then just put it in an escrow account,” Scheinthal said at the time.
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The Office of Information and Regulatory Affairs (OIRA) received the filing on September 17, which is titled “Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets.” The proposal remains in the early stages, and the details are not yet public, as reported by The Block.
The move came shortly after the Senate declined to advance the Digital Asset Market CLARITY Act. The procedural vote on September 15 rejected it with 49-50, not meeting the 60 votes required to move forward.
The CFTC’s move gives the agency a chance to pursue parts of a crypto market framework under its existing authority, rather than waiting for Congress to resolve the broader legislative debate.
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The acceptance and authorisation process is restricted to paid media. Regarding organic content that sells, markets, depicts or promotes online gambling, Meta states, in the restricted products and services section, that it encourages safety, prevents potentially harmful activities and displays content only to those over 18 years of age.
The policies in question do not mention the practice of responsible gaming and do not detail other legal and regulatory obligations. They also do not specify the resources used to validate certifications, monitor licences and content, identify irregular practices and operators, or apply moderation measures.
The absence of governance policies aligned with current regulations and Instagram’s algorithmic recommendations reveals not only an ecosystem that fuels gambling as an alternative to work, but above all, points to a systemic risk in which Meta is a major player. This risk can only be effectively addressed by expanding the obligations of digital platforms.
