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Decisions of the Appellate Body of the World Trade Organization

United States - Measures Affecting the Cross-Border Supply of Gambling and Betting Services

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2. Facts

This case was brought by Antigua in response to a group of U.S. state and federal laws that, Antigua argued, imposed a “total prohibition” on cross-border delivery of gambling services. The original panel considered three U.S. federal laws and eight state laws, and found that the U.S. had violated its commitments under Article XVI by virtue of the three federal laws and four of the eight state laws. Further, the panel found that the U.S. had failed to make out a defense under Article XIV of GATS. As a preliminary matter, the Appellate Body found that, as Antigua had failed to establish the requisite prima facie case as to the state laws, these laws were not properly before the panel. So the Appellate Body limited its findings to the three federal laws.

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