The proposed merger between daily fantasy sports giants FanDuel and DraftKings could be in jeopardy because of objections from the Federal Trade Commission (FTC).

It’s just the latest headache for a US-facing daily fantasy sports business that’s already fighting for its life across the nation.

According to a report on, the Board of Commissioners at the FTC is seriously considering whether or not to sue to stop the merger dead in its tracks. Their issue with the marriage of FanDuel and DraftKings is that the deal would slightly more than 80 percent of the US DFS market to just one company.

That’s just too much for one company to control, even in the anything-goes-atmosphere of the current administration.

Of course DraftKings and FanDuel are well aware of the commissioners’ worries and have been taking steps to diversify their products since the proposed deal was first announced. This diversification has taken the form of season long DFS tournaments and other gimmicks.

Whether their efforts are enough to please the commissioners is a question that remains unanswered. And, speaking of commissioners, that might be a problem for DraftKings and FanDuel, too.

As it turns out that, in normal times, the FTC Board of Commissioners is comprised of five members. Currently only two members, one Democrat and one Republican, are seated. The other three commissioner slots are two of the hundreds of appointed positions the Trump administration is either unwilling, or unable, to fill.

The Board’s vacancies mean that if its’ Democrat and Republican members split their votes, the merger would go through. Unfortunately, for FanDuel and DraftKings, that does not seem to be the case.

As it stands, it seems very likely that FanDuel and DraftKings will be spending a lot more time in court, defending their right to merge into one, massive company.




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