BEATING THE BLACK MARKET
divided on whether current enforcement actions meaningfully constrain unlicensed actors in licensed markets. At the same time, the continued growth of the illegal sector has reinforced the need for more responsive and coordinated regulatory approaches, exemplified by the European Union’s recent approval of the European Gaming and Betting Association’s standard on markers of harm. This development reflects an acknowledgement that maintaining market integrity and player protection requires regulatory frameworks that can evolve in parallel with the adaptive dynamics of illegal gambling markets, rather than relying solely on restrictive controls. While the present regulatory action plays an important role in addressing illegal gambling, the observed outcome underscores the relevance of alternative analytical strategies and perspectives. The abovementioned examples and measures adopted by Regulators may be examined through Sinek´s geopolitical framework, in which such intervention faces an enemy characterised by multiple actors, evolving strategies, and varied forms of behaviour. These non-responsive results indicate that an approach primarily focused on market restrictions is not presenting the data and results needed to address the problem, and is contributing to its expansion, through different and innovative ways. Playing the Infinite Game: Toward Solutions If the analysis presented so far suggests that regulators have been playing a finite game, the question becomes: what would an infinite game strategy look like in practice? Sinek’s five practices offer a useful roadmap. The first, a Just Cause, requires regulators to articulate a compelling vision that goes beyond simply eliminating the black market. A more effective framing would be one centered on building a gambling ecosystem where all players benefit from consumer protection, transparent operations, and legitimate competition. This shift in objective, from eradication to sustained market integrity,
fundamentally changes the nature of every regulatory intervention that follows. The second practice, Trusting Teams, points to the need for multi-stakeholder coalitions. The jurisdictions showing the strongest results are those that have built enforcement ecosystems rather than relying on a single regulatory body. Germany’s collaboration with 43 payment service providers to block transactions to 165 illegal platforms, and the UK Gambling Commission’s partnerships with search engines, ISPs, and hosting providers, which resulted in over 95,000 illegal gambling websites being taken down in 2024 alone, illustrate the power of this approach. 7 Denmark’s 2024 partnership with Twitch to restrict unlicensed gambling content on the streaming platform further demonstrates that enforcement can extend beyond traditional domains into the digital ecosystems where illegal operators recruit their audience. The third practice, Worthy Rivals, encourages players to study what others do better, not as competitors to defeat but as sources of continuous improvement. In the regulatory context, this means that jurisdictions should actively examine and learn from each other’s approaches. Rather than viewing other regulators as irrelevant or as competition, an infinite game mindset treats their successes and failures as essential intelligence for refining one’s own strategy. The fourth practice, Existential Flexibility, is perhaps the most critical in this context. When one enforcement tool fails, the infinite game player does not abandon the cause but pivots to a different strategy. Germany’s experience in 2024 offers a compelling example: after its Federal Administrative Court ruled that ISP blocking of illegal gambling websites was unlawful, the German gambling regulator did not accept defeat. Instead, it pivoted to host-based blocking, targeting hosting service providers directly, and partnered with Google to ensure that only licensed operators could advertise through Google Ads in Germany. 8 This adaptability, the refusal to be defeated by a single setback, is the hallmark of an infinite game player.
7 On Germany’s payment blocking coalition: see iGaming Express, ‘Germany Steps Up Enforcement in Online Gambling Regulation’ (2024) https://igamingexpress.com/germany-steps-up-enforcement-in-online-gambling-regulation/ On the UK Gambling Commission’s 2024 enforce- ment results: see UK Gambling Commission, Summary of Disruption Activity: Disruption of Illegal Online Gambling (2024–25) https://www.gam- blingcommission.gov.uk/report/illegal-online-gambling-disruption-of-illegal-online-gambling/summary-of-disruption-activity-disruption-of-ille- gal-online-gambling 8 On the German Federal Administrative Court’s ruling on ISP blocking and the GGL’s pivot to host-based blocking and Google Ads partner- ships: see Gaming Eminence, ‘The Block That Didn’t Stick: Inside Germany’s Landmark ISP Ruling on Gambling’ (2024) https://www.gam- ingeminence.com/post/the-block-that-didn-t-stick-inside-germanys-landmark-ispr-ruling-on-gambling; iGaming Business, ‘German Gambling Regulator Claims Progress in Illegal Market Battle’ (2024) https://igamingbusiness.com/legal-compliance/licensing/german-gambling-regula- tor-claims-progress-in-illegal-market-battle/
IMGL MAGAZINE | MARCH 2026
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