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On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.

The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.

There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.

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While Station has remained steadfast in its opposition to Culinary, the union has made gains elsewhere in recent years. The entire Las Vegas Strip is now unionised, and Culinary used city-wide strikes as leverage in late 2023 and early 2024 to gain new multi-year labour agreements with the city’s major operators, including Wynn, Caesars and MGM.

Other than Station, Las Vegas Sands had been the other largest non-union holdout in Las Vegas for many years. But when the Venetian-Palazzo was sold to Apollo Global Management in 2021, the firm had no issues with Culinary and ratified the property’s first-ever deal with the union in 2024.

The animosity between the sides has become political over the years. Station is owned and operated by the Fertitta family, who have been prominent Republican donors for many years. Culinary is a largely Democratic organisation that typically supports and endorses left-leaning candidates.

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“We have been there for a long time and we have our positioning quite cemented. [But] we need to look at ourselves and keep improving, keep embracing the Peruvian culture and the way we fit in the market by applying a localised approach.”

As seen in many markets, especially in LatAm, local Peruvian brands and their cultural knowledge are facing competition from international operators that often bring bigger scale in terms of technology and capital.

For Ramiro Atucha, founder and CEO of Atucha Strategic Advisory, whether international operators can press home their scalable advantages will depend on how seriously they take localisation.