Legal action was initiated several months ago by Formula Games, which was formed at the beginning of 2001 with the objective of entering into the games and betting business under the driving force of Luciano Consoli. However, the amount of the compensation claim was only determined at the end of 2005. The said anticompetitive conduct, sanctioned through a decision made by the Autorità Garante per Concorrenza (Competitive Watchdog Authority) on November 23, 2004, resulted in the prevention of a participating company in Formula Games from selling its market share for E3,007,000, and rendered Formula Games unable to gain access to the games andbetting market, bringing about a reduction in thecompany’s business value of approximately E34m.

As a result, the appeal that was lodged demanded that Lottomatica and Sisal be jointly obliged to compensate for damages totalling E37.2m. On March 31 this year came the official news of a compromise agreement between Formula Games and Sisal in settlement of the pending lawsuit between the parties. This agreement rules in favour of Formula Games, with compensation amounting to E500,000. The settlement excludes Lottomatica, which argues that claims advanced by the partners of Formula Games remain “unfounded”.

In particular, Lottomatica highlights the fact that Formula Games shared a common associate and company director with Sisal, which allegedly advanced a loss proposal towards Formula Games itself. These circumstances would not apply to Lottomatica, which has had no business relations with Sisal regarding Formula Games (resulting from the AGCM measures), nor with Formula Games itself.

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