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Harvard Case - Fantasy Sports: A Game of Skill or Chance

"Fantasy Sports: A Game of Skill or Chance" Harvard business case study is written by Dinesh Kumar Unnikrishnan, Shailaja Grover, Sharada Sringeswara. It deals with the challenges in the field of General Management. The case study is 11 page(s) long and it was first published on : Jul 1, 2019

At Fern Fort University, we recommend that FanDuel and DraftKings, the leading fantasy sports platforms, prioritize a multi-pronged approach to address the legal and ethical challenges surrounding their industry. This involves proactively engaging with regulators, fostering transparency and accountability, emphasizing skill-based gameplay, and promoting responsible gaming practices. By doing so, they can solidify their position as legitimate and trusted platforms, contributing to the continued growth and sustainability of the fantasy sports industry.

2. Background

The case study "Fantasy Sports: A Game of Skill or Chance" delves into the rapidly growing fantasy sports industry, focusing on the two dominant players, FanDuel and DraftKings. The case highlights the legal and ethical challenges these companies face, particularly the debate surrounding whether fantasy sports constitute games of skill or chance. This debate has led to legal challenges, regulatory scrutiny, and public concerns about potential gambling addiction and consumer protection.

The main protagonists of the case are the founders and executives of FanDuel and DraftKings, who are navigating a complex landscape of legal and ethical considerations as they strive to grow their businesses while maintaining public trust.

3. Analysis of the Case Study

To analyze the case, we can utilize Porter's Five Forces framework, which provides a comprehensive understanding of the competitive landscape and the factors influencing the industry's profitability:
  • Threat of New Entrants: The fantasy sports industry has a relatively high barrier to entry due to the need for significant capital investment in technology, marketing, and licensing. However, the potential for high rewards attracts new entrants, leading to increased competition.
  • Bargaining Power of Buyers: Consumers have considerable bargaining power as they can easily switch between platforms. This forces companies to offer competitive pricing, features, and user experiences.
  • Bargaining Power of Suppliers: The bargaining power of suppliers, such as data providers and technology vendors, is moderate. While these suppliers are crucial, their services are readily available in the market.
  • Threat of Substitutes: The threat of substitutes is relatively low, as fantasy sports offer a unique and engaging experience that is difficult to replicate. However, other forms of entertainment, such as traditional sports viewing or online gaming, could potentially attract users.
  • Rivalry Among Existing Competitors: The rivalry among existing competitors is intense, with FanDuel and DraftKings vying for market share and dominance. This rivalry manifests in aggressive marketing campaigns, price wars, and constant innovation to attract and retain users.

4. Recommendations

To navigate the legal and ethical challenges, FanDuel and DraftKings should implement the following recommendations:

  1. Proactive Engagement with Regulators: FanDuel and DraftKings should proactively engage with regulatory bodies at the state and federal level. This involves establishing open communication channels, providing transparent information about their operations, and actively participating in the development of clear and consistent regulations for the fantasy sports industry.
  2. Emphasis on Skill-Based Gameplay: The companies should emphasize the skill-based nature of their platforms. This can be achieved through educational campaigns, user interface design, and data analysis that highlights the strategic decision-making and knowledge required to succeed in fantasy sports.
  3. Robust Responsible Gaming Practices: FanDuel and DraftKings should implement robust responsible gaming practices, including age verification, spending limits, self-exclusion options, and partnerships with organizations dedicated to problem gambling prevention.
  4. Transparency and Accountability: The companies should prioritize transparency and accountability in their operations. This includes publicly disclosing their algorithms, providing clear terms of service, and establishing independent auditing mechanisms to ensure fairness and integrity.
  5. Investment in Technology and Analytics: FanDuel and DraftKings should continue to invest in technology and analytics to enhance the user experience, improve the accuracy of their platforms, and develop innovative features that cater to the evolving needs of fantasy sports enthusiasts.
  6. Strategic Partnerships: The companies should explore strategic partnerships with sports leagues, media organizations, and technology providers to expand their reach, enhance their brand reputation, and access valuable data and resources.
  7. Corporate Social Responsibility: FanDuel and DraftKings should integrate corporate social responsibility into their business practices. This includes supporting initiatives that promote sportsmanship, youth development, and community engagement.

5. Basis of Recommendations

The recommendations are based on the following considerations:

  1. Core Competencies and Consistency with Mission: The recommendations align with the core competencies of FanDuel and DraftKings, which include technology development, data analysis, and marketing expertise. They also support the companies' mission to provide an engaging and fair fantasy sports experience for their users.
  2. External Customers and Internal Clients: The recommendations address the concerns of external customers, including regulators, consumers, and sports leagues, as well as internal clients, such as employees and investors.
  3. Competitors: The recommendations aim to position FanDuel and DraftKings as industry leaders by promoting responsible gaming practices, fostering transparency, and emphasizing skill-based gameplay, differentiating them from competitors.
  4. Attractiveness ' Quantitative Measures if Applicable: The recommendations are expected to enhance the companies' long-term profitability by increasing user engagement, improving brand reputation, and mitigating legal and regulatory risks.

6. Conclusion

By proactively addressing the legal and ethical challenges surrounding fantasy sports, FanDuel and DraftKings can solidify their position as legitimate and trusted platforms. This will contribute to the continued growth and sustainability of the industry, benefiting both the companies and their users.

7. Discussion

Other alternatives not selected include:

  • Aggressive Lobbying: While lobbying efforts can be effective, they can also be perceived as self-serving and may not address the underlying concerns about the industry.
  • Ignoring the Issues: Ignoring the legal and ethical challenges would be detrimental to the long-term viability of the companies, as it would likely lead to increased regulatory scrutiny and public backlash.

The recommendations are based on the assumption that FanDuel and DraftKings are committed to operating ethically and responsibly. If the companies are not genuinely committed to these principles, the recommendations may not be effective.

8. Next Steps

To implement the recommendations, FanDuel and DraftKings should:

  • Form a Task Force: Establish a dedicated task force to oversee the implementation of the recommendations and coordinate efforts across different departments.
  • Develop a Communication Strategy: Develop a clear communication strategy to engage with regulators, consumers, and other stakeholders.
  • Invest in Training: Provide training to employees on responsible gaming practices, ethical decision-making, and compliance with regulations.
  • Monitor and Evaluate: Continuously monitor the effectiveness of the recommendations and make adjustments as needed.

By taking these steps, FanDuel and DraftKings can navigate the complex legal and ethical landscape of the fantasy sports industry, ensuring their long-term success and contributing to the responsible growth of this exciting and innovative sector.

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Case Description

Fantasy sports is the fastest growing online gaming industry worth several billion dollars. An important debate associated with fantasy sports across the world is whether it is a game of skill or chance. In India, the online gaming laws are not very well defined and hence there is always a threat to fantasy sports companies of getting into legal battles. While the game of skill is permitted by Indian laws, game of chance is strictly prohibited. Indian courts have recognized that no game is a game of pure skill or game of pure chance. When there is a chance involved, the Indian courts decide based on the dominant factor test that requires determining whether skill is dominant, or chance is dominant factor for a given instance. Ramasubramanian Sundararajan (Ramsu), the head of AI at the Cartesian Consulting was convinced that the debate around whether the dominant factor is skill or chance should be settled using data. With this objective, Ramsu approached Dream 11, one of the largest fantasy sports companies in India. Dream 11 has created fantasy games for sports such as cricket, football, hockey, kabaddi, and the National Basketball Association (NBA). Being a cricket fanatic, Ramsu wanted to check whether fantasy games played in cricket involves skill or not. Ramsu was convinced that several hypotheses can be designed and tested to check whether fantasy sports is skill dominant or chance dominant.

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