On October 11, Cointelegraph reported that the U.S. Commodity Futures Trading Commission (CFTC) has released two proposals to clarify its regulatory authority over prediction markets. The first proposal defines event contracts related to sports, politics, culture, and weather as 'swaps' products under federal law. CFTC Chairman Michael Selig stated that these products fall under the category of commodity derivatives as defined by the Commodity Exchange Act, and are fully within the exclusive jurisdiction of the CFTC. The second proposal establishes boundaries, explicitly stating that traditional casino-style gambling products—including sports betting and casino games—do not fall within the definition of 'swaps' and are not considered derivatives. This move comes in the context of prediction market operators like Kalshi and Polymarket facing joint lawsuits from multiple states, accused of operating illegal gambling businesses; the CFTC is counter-suing and issuing new regulations in an attempt to clarify the regulatory boundaries between federal and state authorities, paving the way for a potential Supreme Court ruling.
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