TREE NEWS update: The U.S. Commodity Futures Trading Commission has issued one rule and proposed another to clarify that event contracts qualify as “swaps,” reinforcing Chairman Mike Selig’s position that prediction-market trading should fall under the agency’s sole jurisdiction. The move comes as the CFTC is locked in legal disputes with multiple states over regulatory authority, with several federal rulings having gone against the agency.
CFTC Moves to Classify Event Contracts as Swaps in Prediction Market Power Grab
The classification matters less as a technical definition than as a jurisdictional claim: labeling event contracts as swaps gives the CFTC a single, familiar regulatory hook to assert exclusivity against states that have moved on the same products. The practical audience is prediction-market operators and their state regulators, since the agency is simultaneously litigating the same question in court and has recently lost ground there. The open question is whether a rulemaking can settle authority that federal judges have so far been reluctant to grant, and whether states treat the proposal as a negotiating position or a provocation.
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