CFTC prediction markets regulation tested: second warning, courts loom

The U.S. Commodity Futures Trading Commission is drawing a clear line in the sand for prediction market firms: cut corners on event contract certifications, and face the consequences. The agency issued a formal advisory warning that CFTC prediction markets regulation is not a process to be rushed — and this is already the second time in recent months it has had to say so.
Key takeaways
- The CFTC issued an advisory warning prediction market firms against submitting overly broad, template-style event contract certifications — the second such warning in recent months.
- Designated contract markets that self-certify contracts without detailed terms, settlement analysis, and compliance explanations are directly in the regulator’s crosshairs.
- The CFTC’s authority over prediction markets remains legally contested, with ongoing court battles and potential U.S. Supreme Court involvement ahead.
- CFTC Chairman Mike Selig is fighting in state and federal courts to establish the agency as the sole overseer of event contract platforms.
- The CFTC separately extended the dormant regulatory status of Kraken Derivatives Exchange, leaving the door open for renewed activity after Kraken’s acquisition of Bitnomial.
CFTC Issues Advisory Against Broad Event Contract Certifications
The advisory, issued Friday, targets a specific practice the CFTC has watched grow alongside the rapid expansion of the event-contracts market: firms submitting sweeping, template-style certifications designed to cover a wide array of events in a single filing, without providing the substance the regulator needs to do its job.
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