Reading through it now. I wasn’t entirely convinced that DK/FD brought this on themselves with their action, but I’m now fairly certain they did. The NGC’s statement used a bunch of things that DK did against them in the decision. They may have still ruled against DFS no matter what, but it definitely helped the NGC reach their decision.
For example – used by the NGC in support of their position is that:
-DK applied for a license in the UK to operate as “pool betting” within the UK – “Although there is no question that the gambling laws of the United Kingdom and Nevada are fundamentally different, it is still noteworthy that the licenses in question are for ‘‘pool betting’’ and ‘‘gambling software,’’ and that DraftKings does not include either of those terms in its press release. Instead, DraftKings simply states that ‘‘the company has been granted a license to operate in the United Kingdom,’’ without identifying the licenses at issue. It appears that DraftKings recognizes the appearance of inconsistency between its position that it should be unregulated in the United States and its decision to submit to gaming regulation in the United Kingdom”
-“Jason Robins (the owner, co-founder, and CEO of DraftKings) stated that the concept for DraftKings.com was ‘‘almost identical to a casino.’’)
-” Additionally, the DraftKings CEO repeatedly refers to the payments on his sites as ‘‘wagers’’ and ‘‘bets,’’ and the activity as ‘‘betting.’’
-My personal favorite – they had the “alt-text” of some of their pictures to include the words betting, almost definitely to try to get people who are google searching for “football betting” and the like.