CFTC Proposes to Include Prediction Market Event Contracts in "Swaps" Definition to Draw a Clear Line From Gambling
According to CoinDesk, the U.S. Commodity Futures Trading Commission (CFTC) has submitted two proposed rules to the White House Office of Management and Budget (OMB): one would formally classify event contracts traded on platforms such as Kalshi, Polymarket, Crypto.com, and Robinhood under the regulatory definition of "swaps"; the other would explicitly exclude casino-style gambling products from the swaps category. This move aims to respond to recent federal court rulings—the Sixth and Eighth Circuits both ruled that Kalshi's sports-related contracts do not qualify as swaps and should be subject to state gambling regulations, while the Third Circuit upheld the CFTC's jurisdiction over prediction markets. With conflicting rulings across the circuits, the matter may ultimately need to be resolved by the U.S. Supreme Court. Currently, the CFTC comprises only one commissioner, Chair Mike Selig, with all related decisions made solely by him.
