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CFTC splits prediction markets from sportsbook in paired rulemaking after circuit court split, Mavengity reports

  • CFTC splits prediction markets from sportsbook in paired rulemaking after circuit court split, Mavengity reports — The CFTC interim final rule follows the Third Circuit approach in KalshiEX v. Flaherty, after the Sixth Circuit in September and the Ninth Circuit in August treated sports event contracts as indistinguishable from sports wagers. The rule says sports-related event contracts on a CFTC-licensed market can fit the definition of swaps, while using agency authority to exclude far-fetched scenarios as in the 2012 rulemaking. (Mavengity)

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