The US government has already reached an agreement with the European Union on the same issue, in an earlier settlement that does not advance the cause of the online gambling industry, which remains barred from access to the US market by the US Internet Gambling Enforcement Act. Prospects for change or repeal of this act, which effectively closes the US online gambling market to the rest of the world, are not improving.

The WTO itself does not impose fines or levies, and in this case it agreed that Antigua could obtain compensation from the USA, if necessary, by suspending concessions and related obligations that Antigua has made to the US, including obligations to uphold copyright in US-produced goods and services. This has led to fears by the US government that "it would establish a harmful precedent for a WTO Member to affirmatively authorise what would otherwise be considered acts of piracy, counterfeiting, or other forms of IPR infringement," according to United States Trade Representative Spokesman Sean Spicer.

In a complaint that was originally filed with the WTO in 2003, Antigua and Barbuda asked for $3.4 billion in sanctions, a figure which the US government claimed in negotiations was three times the annual value of Antigua's entire economy. It made a counter-offer of $0.5 million.

Now that a level of compensation has been agreed, the US government is continuing negotiations with Antigua - and with other WTO member countries that have complained about the effects of the Internet Gambling Enforcement Act.

Meanwhile, all is not open and free within the European Union (EU). Internal Market Commissioner Charlie McCreevy has called upon governments to submit their proposals for the regulation of online gaming in the light of complaints about the restrictive approaches being taken by nine countries. Restrictions can only be "necessary, proportionate and non-discriminatory" according to the EU.

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