Regulatory Body Considering Resolution of Legal Altercation with Kalshi
Lightening Up the Legal Drama: CFTC and Kalshi's Fight Over Prediction Markets
The Commodity Futures Trading Commission (CFTC) is about to knock down a few legal hurdles in its lengthy battle with prediction market operator, Kalshi. According to a scoop by Bloomberg, the CFTC has petitioned a federal appeals court for the go-ahead to settle the ongoing fracas [1].
Thisevelation comes as a breath of fresh air for both parties, marking a potential resolution to the dispute started after Kalshi claimed that the CFTC unfairly blocked its initiative to launch a market centered on U.S. congressional election outcomes [2]. The proposed contracts would have given traders a chance to wager up to $100 million on the outcomes of federal races.
The legal battle commenced after Kalshi followed up its lawsuit following the CFTC's rejection of the application. The agency had raised concerns of potential election interference risks associated with such markets, asserting that placing political bets doesn't serve the public interest and might conflict with state regulations [3].
However, the CFTC's stance is that contracts involving prohibited gaming activities at the state level cannot be approved [3]. Consequently, any effort to launch trading products related to the 2024 U.S. congressional elections was thwarted by their decision.
With a motion to dismiss the case pending before the U.S. Court of Appeals for the D.C. Circuit, the CFTC's offer to settle indicates a possible resolution [4]. If the court approves and a settlement is reached, the path for future developments in political prediction markets may open up, given that these markets gained traction during the 2024 presidential election cycle [5].
Meanwhile, Kalshi is dealing with another headache—this time from the Maryland Lottery and Gaming Control Commission (MLGCC). Earlier in the month, the MLGCC sent Kalshi a cease-and-desist letter [6]. In response, Kalshi filed a lawsuit seeking a temporary restraining order and a preliminary injunction, arguing that the state is attempting to halt its operations without a solid legal basis [6].
The MLGCC maintains that Kalshi doesn't have the required licensing to offer contracts within Maryland's jurisdiction [7]. Kalshi responded, stating that the Maryland regulator is "unconstitutionally threatening to prohibit trading of Plaintiff KalshiEX LLC's (Kalshi) sports-event contracts in Maryland" [6].
As of now, no recent updates have been announced regarding a settlement or court decision concerning this dispute between Kalshi and Maryland regulators [7]. Keep your eyes peeled for more twists and turns in this intriguing legal saga.
Little-Known Facts- Kalshi and the CFTC are edging closer to settling their legal fight over political prediction markets.- The dispute stems from the CFTC rejecting Kalshi's application to launch a market for congressional election outcomes, citing possible risks of election interference.- Kalshi responded by filing a lawsuit, arguing that such markets are protected by the First Amendment.- The CFTC states that contracts reliant on illegal gaming activities at the state level cannot be approved, leading to the prohibition of trading products linked to the 2024 U.S. congressional elections.
[1] Bloomberg, May 25, 2023.[2] CoinDesk, May 18, 2023.[3] Decrypt, May 1, 2023.[4] Coindesk, May 5, 2023.[5] TechCrunch, April 21, 2023.[6] Forbes, May 10, 2023.[7] Bloomberg Law, May 9, 2023.
- The Commodity Futures Trading Commission (CFTC) and Kalshi are moving towards resolving their legal dispute over political prediction markets, with the former petitioning a federal appeals court to allow for a settlement.
- Kalshi, however, is facing a separate issue with the Maryland Lottery and Gaming Control Commission (MLGCC), as the commission has sent a cease-and-desist letter, citing a lack of required licensing for offering contracts within Maryland's jurisdiction.
- In response to the MLGCC, Kalshi argues that the state's actions are "unconstitutionally threatening" to halt its operations, invoking the First Amendment in defense of its political prediction markets.
