Concerns over market competition in the U.S. sports betting industry have reignited as Senators Mike Lee (R-Utah) and Peter Welch (D-Vt.) request federal scrutiny of FanDuel and DraftKings. In a letter addressed to the Federal Trade Commission (FTC) and Department of Justice (DOJ), the senators allege that the two companies have engaged in coordinated practices that undermine competition, potentially violating federal antitrust laws.
The letter, dated December 5 and cited by The Hill, outlines accusations that FanDuel and DraftKings are leveraging their dominant positions to stifle smaller rivals. This behavior, the senators assert, mirrors the companies’ actions in 2016, when their proposed merger was blocked by the FTC on grounds that it would create a monopoly controlling 90% of the fantasy sports market.
Allegations of Anti-Competitive Behavior
According to the senators, FanDuel and DraftKings appear to have acted in concert since their failed merger, using their influence within the Sports Betting Alliance trade association to limit opportunities for emerging competitors. The letter alleges that these actions include pressuring stakeholders—such as sports leagues, marketing providers, and technology vendors—to sever ties with smaller firms.
“Such coordinated attacks risk cutting off these new, innovative competitors from critical technology inputs and marketing partnerships,” the letter states. If true, these practices would violate the Sherman Act, a key federal law designed to prevent anti-competitive behavior.
Senator Mike Lee highlighted the urgency of the matter on social media platform X, stating, “We can’t allow online gambling companies like @FanDuel & @DraftKings to violate antitrust laws, especially as more Americans grapple with the effects of this industry on our society.”
Both FanDuel and DraftKings have declined to comment on the accusations, and the FTC has yet to respond to inquiries. The DOJ has confirmed receipt of the letter but offered no further remarks.
Broader Implications for the Sports Betting Industry
The senators emphasize that maintaining a competitive landscape in the burgeoning online sports betting market is essential for fostering innovation, protecting consumer choice, and ensuring fair pricing. They argue that anti-competitive behavior by dominant players like FanDuel and DraftKings could hinder new entrants and reduce the diversity of offerings in the sector.
Recent incidents highlight ongoing regulatory challenges faced by these companies. FanDuel was fined $10,000 by the Massachusetts Gaming Commission last week for accepting prohibited wagers on Boston College men’s basketball games. Meanwhile, DraftKings is involved in a lawsuit from a former employee alleging wrongful termination over a maternity leave dispute and also received a hefty $200,000 fine in September.
The sports betting industry’s rapid expansion has also drawn attention to broader societal concerns, including the risks associated with gambling addiction. As outlined by the senators, regulatory oversight is critical to balancing market growth with the need for responsible business practices.
Market Reaction and Potential Outcomes
News of the investigation request has already impacted the market. DraftKings’ stock experienced a 2.6% drop in trading following the senators’ announcement. While the FTC and DOJ have not yet initiated formal investigations, the allegations could have significant ramifications for the U.S. sports betting market.
If federal authorities decide to act, the outcome could reshape the competitive dynamics of the industry, ensuring a more level playing field for emerging competitors. For now, the focus remains on whether FanDuel and DraftKings will face closer scrutiny over their business practices.