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CFTC proposal favors sports contracts over gambling
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CFTC proposal favors sports contracts over gambling

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The US Commodity Futures Trading Commission has proposed a new regulatory framework for prediction markets that would generally permit sports event contracts while restricting contracts tied to outcomes that could be manipulated.

The draft rules, released on Wednesday, distinguish sports contracts based on final scores and win-loss records from games of pure chance, while confirming that election contracts are not considered gambling under relevant federal statutes.

“‘Gaming’ is defined more broadly than anticipated and sweeps in sports events,”

Said Cahill Gordon & Reindel partner, Gary Kalbaugh.

Kalbaugh said contracts settling on aggregate outcomes such as final scores, win-loss records and season statistics would be “presumptively permissible,” although each market would still face an individual public interest assessment.

The proposal will remain open for public comment for 45 days and could shape the future regulatory framework for US prediction markets, while Reuters reported the clarification around election markets may further reduce uncertainty for platforms including Kalshi and Polymarket.

The draft rules arrive as prediction markets continue to expand rapidly, with both Kalshi and Polymarket reaching multibillion-dollar valuations amid growing interest from retail traders, institutions and traditional financial firms.

Kalshi recently partnered with Nasdaq to launch prediction markets linked to private company valuations ahead of initial public offerings, while Polymarket signed an agreement with Dow Jones to integrate prediction market data into media brands including The Wall Street Journal.

“The prediction markets continue to become more mainstream, with newly formed partnerships with news organisations and more firms moving quickly into this space,”

Said Melinda Roth.

Roth said the key unresolved issue remains whether event contracts should ultimately be treated as financial instruments or as a form of gambling, while analysts at Bernstein have argued that institutional investors are increasingly using prediction markets as alternative macro-hedging tools through binary-outcome contracts.

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