The fight over who regulates prediction markets just got a new move from Washington. The CFTC issued one rule and proposed another to pull event contracts under its swaps framework, per CoinDesk.
š The news
An interim final rule, effective immediately, defines which sports wagering arrangements are not swaps and puts casino-style gambling outside the swap definition. A separate proposal would bring event contracts on sports, politics, culture and weather under swap regulation, with a 30-day comment window. Polymarket, which settles on $POL's Polygon network, and Kalshi are named as platforms that trade these contracts.
š Why it matters
⢠Several states say they have authority over these platforms and have sued operators
⢠Appeals courts have split, with one ruling against the states and two for them
⢠The question has reached the Supreme Court
š The numbers
⢠Both actions cleared White House review in under two weeks
⢠The CFTC has one sitting commissioner out of five seats, Chairman Mike Selig
⢠Per Decrypt, 11 more firms filed for exchange licenses this year, and six were approved
āļø Bull vs bear case
Bull: one federal rulebook would be simpler for platforms than 50 state regimes.
Bear: TD Cowen's Jaret Seiberg said the rule looks designed to strengthen the CFTC's court position, but whether it works is another matter.
š What to watch next
⢠Comments on the proposal over the next 30 days
⢠Any Supreme Court move that settles federal versus state control
⢠Whether new license applicants, such as Blockchain.com, get faster approvals under the rule
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š” My take: In my view this is the CFTC preparing its case, not ending the fight. Prediction market users should expect more uncertainty, not less, until the courts decide.
š¬ Should prediction markets be regulated like finance or like gambling?
#PredictionMarkets #CFTC #Polymarket