TREE NEWS update: The CFTC sent a proposed rule and a companion interim final rule to the Office of Management and Budget on Sept. 28 that would define event contracts as swaps. The move came days after an appeals court ruled that Kalshi had not shown its sports contracts were swaps.
CFTC Sends White House Rules Defining Event Contracts as Swaps
The timing is the story: the agency is advancing a definitional rule just as a court found Kalshi failed to prove its sports contracts are swaps, which suggests the CFTC is trying to settle by rulemaking what litigation left unsettled. That matters most for prediction-market operators and the exchanges listing event contracts, whose compliance obligations would hinge on a definition rather than a case-by-case test. Whether the OMB review moves quickly, and how the proposal treats sports versus other event contracts, is the open question.
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