CFTC Pushes Back Against CME Perpetual Contract Lawsuit: Claims It Has Not Proven Actual Harm
According to CoinDesk, the U.S. Commodity Futures Trading Commission (CFTC) filed documents in court last Friday rebutting the legal challenge brought by the Chicago Mercantile Exchange Group (CME) against its new perpetual futures policy, arguing that CME lacks standing. The CFTC stated that CME raised only claims of heightened competition without demonstrating credible and imminent financial loss, noting that CME’s crypto futures trading volume has risen rather than fallen since the policy adjustment.
In context, the CFTC approved Kalshi’s first Bitcoin perpetual contract this May and indicated it would regulate such products on a case-by-case basis under the futures category. CME, however, argues that perpetual contracts lack an expiration date, do not qualify as futures, and should instead be classified as swaps subject to a different regulatory framework. The CFTC also noted that CME previously told investors during an earnings call that there was no market demand for perpetual contracts and that they were not a substitute for CME’s existing futures products, asserting that CME cannot maintain contradictory positions in court and before investors.