TREE NEWS update: The CFTC has asked a judge to dismiss CME’s challenge to its classification of perpetual futures as futures rather than swaps. At an Unchained panel, lawyers from Hyperliquid Policy Center, WilmerHale, and Temporal supported the CFTC’s stance, arguing that perps are futures. The move could shape regulatory oversight of crypto derivatives.
CFTC Moves to Dismiss CME Suit; Legal Experts Back Perps-as-Futures
This procedural move signals the CFTC's confidence in its legal footing, but the real weight here is the alignment of independent legal voices with the agency's classification. If perps are formally treated as futures, the regulatory framework governing margin, clearing, and market conduct would apply to a dominant crypto derivatives product. The immediate watch point is whether the court accepts the dismissal request or forces a merits ruling, as that outcome will determine if this classification solidifies as precedent or remains contested. The stakes extend beyond CME to any venue offering or planning perpetuals, as the jurisdictional boundary between futures and swaps recalibrates.
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