Prediction Markets Are Colliding With Sports Law and Exchange Power
Prediction markets have become one of the fastest-growing fronts in US trading, and sports contracts are now at the center of a legal fight over regulatory control.
- On July 31, New York sued Kalshi in state court, seeking more than $36 billion in damages and an order barring the exchange from offering event contracts nationwide.
- On August 11, the Commodity Futures Trading Commission responded with emergency authority after Kalshi notified the agency of a market emergency, arguing federally regulated derivatives markets require national treatment.
- On August 12, the New York City Council opened an investigation into the marketing practices of several prediction-market companies, including Polymarket, Kalshi, Coinbase and Gemini Titan, examining allegations involving young users, influencer marketing and misleading promotions.
- CME has also sued the CFTC over its approval of perpetual futures for Kalshi and Coinbase, alleging competitive injury from rules opening new products to rivals.
Indeed, exchange competition, sports law and federal preemption are increasingly overlapping the same market.
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