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the pc taken is enough to hire a big lawyer team to defend it
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BF = Microsoft and they will get done......................eventually
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Perfect scenario would be they have to pay it all back :-)
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Abuse of a dominant market position (Chapter II / Article 82 prohibition)
Both UK and EC competition law prohibit businesses with significant market shares unfairly exploiting their strong market positions. Consequences of breach Contravention of Article 82 or Chapter II can have serious consequences for a company: firms engaged in activities which breach these provisions can face fines of up to 10% of group global turnover; conduct in breach of Article 82 or Chapter II can be stopped by court injunction; firms in breach of Article 82 or Chapter II also leave themselves exposed to actions from third parties who can show they have suffered loss as a result of the anti-competitive behaviour; and breach of Chapter II can result in individuals being disqualified from being a company director. Type of behaviour caught To be in a position of dominance, a business must have the ability to act independently of its customers, competitors and consumers. Establishing if a company is dominant requires a complex assessment of a number of elements but, as a general rule, if a business has a 50% market share there is a presumption that it is dominant. However, dominance has been found to exist where market share is as low as 40%. Article 82 requires dominance in a substantial part of the European Union, but there is no requirement under Chapter II that a dominant position must be held in a substantial part of the UK, meaning that, in theory at least, dominance could be considered to exist in a fairly small area of the UK. However, having a dominant position does not in itself breach competition law. It is the abuse of that position that is prohibited. Examples of behaviour that could amount to an abuse by a business of its dominant position include: imposing unfair trading terms, such as exclusivity; excessive, predatory or discriminatory pricing; refusal to supply or provide access to essential facilities; and tying (i.e. stipulating that a buyer wishing to purchase one product must also purchase all or some of his requirements for a second product). |
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The official line is they now have a bookmaker's license and so are in competition with bookmakers.
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They always had a bookmakers license
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The official line is they have a bookmaker's license and so are in competition with bookmakers.
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I am fairly sure that the consistent profits made here are down to systematic techniques. Those techniques might not be classed as gambling and as such I would much rather pay the PC than face income tax and possibly NI.
Let's not take this to the European Court please chaps. |
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I would be very interested to see what would happen if it was fully challenged yes they have a bookmakers license but surely there could be a valid case because they have no direct liability on markets etc. like bookmakers do.
Personally i pay very little PC and for me there is very little point in changing because of the small liquity on other sites, but for the bigger player out there 20% is a large amount and because of the low liquity have no choice but to pay or find another job. |
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Alex the old wrinkled retainer 11 Nov 15:48
I am fairly sure that the consistent profits made here are down to systematic techniques. Those techniques might not be classed as gambling and as such I would much rather pay the PC than face income tax and possibly NI. That may well be very true but for the normal person making a decent living off this may not really have a technique at the end of the day trading or other methods are STILL gambling regardless of you views, traders gamble on the market moving in the right way for them |
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One or the other. Life would get very difficult with the PC and Tax and NI. However one needs to adapt no matter how the ground rules change.
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Alex
I agree it may not be worth drawing attention to winning gamblers but it would not matter a hoot to HMRC if 'Dodgys' thread went to any court - if they think winning gamblers should be taxed, they will impose it regardless. |
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The problem with taxing gamblers is its one of those occupations where lap top will travel .
If they imposed a tax most Full timers would simply move abroad. |
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Or claim sickness benefit
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excessive, predatory or discriminatory pricing
The PC is none of these things. PC payers still pay the lowest commission rates so it can't be excessive unless everyone's commission is excessive. And it actually makes the pricing less discriminatory with PC payers benefitting the most. Maybe you think is contravenes the law in some other way? |
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*it*
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The bottom line is people only give a monkeys about it if they have to pay it as this thread highlights - 14 months after the charges was first introduced.
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catfloppo 12 Nov 09:16
excessive, predatory or discriminatory pricing The PC is none of these things. PC payers still pay the lowest commission rates so it can't be excessive unless everyone's commission is excessive. And it actually makes the pricing less discriminatory with PC payers benefitting the most. Maybe you think is contravenes the law in some other way? What a load of nonsense ! PC payers do not get a lower commission rate. They pay the same commission as everyone else , but a tax is added on their winnings by Betfair just because they are good at what they do. It is also possible to have a losing year/account and still have had to pay PC during the year. |
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I paid 50.4% of my gross profit in commission last week, Eddie. Did any PC payers pay that much?
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No they did not , but that is only because they had a better strike rate than you last week. Why should they be taxed by Betfair only because they are better than you ?
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Make your mind up, Eddie, you said in the previous post that PC payers pay "the same commission as everyone else". Now you say they pay less because they are better?
I am also intrigued as to why you think someone with a high strike rate is better than me? What at exactly? |
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Come on... don't act stupid just because you don't like that someone are better than you. You know that everyone pays commission under the same rules on the markets they are active in.
It's just that those who are to good have to pay a tax to Betfair only because they are to good. And about your last point there , if someone with a higher strike rate isn't better than you , does that mean you aren't better than those on here who is long term losers ? |
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Ok Eddie. Suppose, as is likely, you have a higher strike rate than me yet I make more money than you overall. Which one of us is 'better'?
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strike rate means sod all - it's cash that counts
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To be honest the clause which relates to 'treating all customers similarly/in a fair way' is the one which PC may breach...
I may not have he exact wording but simply penalising customers for being too good, or winning too efficiently may qualify. Dont forget that Premium Charge is payable by people even winning very small (eg £50 per day) if they win consistently...yet people winning far more dont pay it... how can this be 'treating customers equally' ? |
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We are all subject to the same rules.
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They gave an answer to this question on forum chat.
Betfair Customer Services 10 Sep 18:14 [i]I wrote earlier today raising questions as to the legality of these new charges under the terms of the Unfair Terms of Consumer contract Regulations. Further to that question I would also raise the following point: |
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'Charging different prices to different customers where there is no difference in what is being supplied.'
Despite the above answer from Bf.... surely that is exactly what is happening.... |
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student, OAPS, u18s etc...
there is actually just one charging structure that applies to everyone and people already paid different prices with the sliding commission scale. |
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clyde.... a 'volume discount' for higher levels of business is normal practice.
From a customer point of view I dont know how PC equates to this.. |
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If they did have to stop the PC because they were found to be charging people differently for the same service, they may just increase normal charges for everyone. Or ban PC payers but I think that would be bad for them.
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catfloppo , I would say that a guy with a 10 k bank making 20 k a year is better than a guy with a 100 k bank making 30 k a year. Do you disagree ?
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Ultimately yes, the guy making 30k is making more. I guess you are assuming that the guy with only 10k could make more than 30k if he had a 100k in his bank but that is not a reasonable assumption.
Are you going to answer mine now? Ok Eddie. Suppose, as is likely, you have a higher strike rate than me yet I make more money than you overall. Which one of us is 'better'? |
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Ok , so we disagree on who's the better , but I'm pretty sure that most people would agree with me that the 10 k guy is better.
I also thought I answered your question with my reply or was your question about you and me ? |
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Well, I guess they might do but they would have no reasonable way of justifying it.
No, you didn't answer the question. Person A has a high strike rate and pays pc, person B has a lower strike rate and doesn't pay pc. Person B makes more money overall than person A. Who is 'better'? Assume, if you like, they both have the same size bank. |
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If they work from the same bank size , of course B is the better.
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catfloppo 12 Nov 10:03
I paid 50.4% of my gross profit in commission last week, Eddie. Did any PC payers pay that much? Eddie the eagle 12 Nov 10:17 No they did not , but that is only because they had a better strike rate than you last week. Why should they be taxed by Betfair only because they are better than you ? ?? |
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Well , aren't you clever....
I'll refrase my question so that it doesn't hurt your feelings : No they did not , but that is only because they had a better strike rate than you last week. Why should they be taxed by Betfair only because they have a better strike rate than you ? |
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catfloppo 12 Nov 11:17
Ok Eddie. Suppose, as is likely, you have a higher strike rate than me yet I make more money than you overall. Which one of us is 'better'? I don't think you can give an objective answer to that question. It depends on yourself and your own objectives I would say. Strike rate taken in isolation is pretty meaningless for me. PC avoidance strategies mean increasing your activity and lowering your strike rate (due to using very low positive expectancy strategies) are a good thing. Ultimately, the only thing that matters is how much you make. The only relevant factors to consider are the amount you use to make that profit, the volatility in your account and the costs and time/effort involved. Coming back to Catfloppo's post, if a certain PC payer makes £5000 NET (after PC) in a week, and a non-PC payer makes £6000 NET (after paying 50% of GP in commission), I would "guess" the PC payer's result is preferable. I think more information is needed to know for sure. For instance, someone paying an average of 50% of GP in commission, may still be profitable every week. Generally though, a PC payers account will show much lower volatility than a non PC payers account, which is obviously preferable from a risk/reward perspective. PC payers get relatively large rewards for taking (seemingly) small risks. This is now actively discouraged, and a more aggressive style of betting/trading is rewarded with lower PC. |