"It looks like I will have to go to court again to straighten out the Justice Department's overreaching on states’ rights, just as I did with sports betting," said Lesniak. "This opinion is outrageous. If Congress won't fix it, I will through the judicial process." Lesniak will reportedly work pro bono, according to a press release. Lesniak will seek a declaratory judgement that the opinion is contrary to the clear intent of the Wire Act.

Arjan van ‘t Veer, Secretary General of the European Lotteries and Toto Association (EL), comments: “The CJEU has clearly recognised that an exclusive concessionaire model, as chosen by the Italian legislator, is legitimate in order to promote responsible management of the lottery . The judgment points to the particularities of our sector where restrictions can be put in place in the general interest and which must be kept free from companies that have been referred to a criminal court. EL welcomes the confirmation in this ruling.” The CJEU further confirmed that a high basic contract value for such a concession is acceptable and stated that severe conditions to access the market can be imposed. Notably, a company can be excluded if it has been referred to criminal court for a related matter. The ruling further confirms that other games similar to lotto without the specific authorisation can be prohibited as a means to fight illegal gambling, which is a legitimate policy objective.