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SEC delay exposes split in US prediction markets oversight

The CFTC has moved to support event contract platforms while state regulators continue to challenge sports-related markets.

2 min read
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Key Points
SEC review delays more than two dozen prediction market ETFs
CFTC relief reduces some reporting obligations for event contract platforms
State-level disputes continue over whether sports contracts fall under gambling law

The US Securities and Exchange Commission has delayed the first prediction market exchange-traded funds again, extending regulatory scrutiny of products designed to give retail investors exposure to event-based contracts.

The delay affects filings from issuers including Roundhill, Bitwise and GraniteShares, whose products would track political and economic outcomes through contracts traded on CFTC-regulated venues. 

Reuters reported earlier this month that the SEC was seeking more clarity on ETF mechanics and investor disclosures.

The pause comes as federal regulators take different approaches to the sector. The CFTC issued no-action relief on 13 May covering some swap data reporting and recordkeeping requirements for event contracts. 

The agency said the relief was intended to create consistent treatment for designated contract markets and clearing organizations listing fully collateralized event contracts.

The CFTC also filed an amicus brief in KalshiEx LLC v Matthew T Schuler, arguing that Ohio cannot use state gambling laws to prohibit sports-related event contracts traded on federally registered markets. 

The brief states that event contracts are swaps under the Commodity Exchange Act and fall under CFTC jurisdiction.

That position remains contested by state regulators and the gambling industry. Several states have challenged platforms such as Kalshi and Polymarket, while the American Gaming Association has argued that sports event contracts amount to sports betting outside state and tribal frameworks.

Market integrity has also become a central issue as sports contracts expand. CFTC Chair Michael Selig said the agency is in talks with major US professional sports leagues over insider trading and manipulation risks, following a data-sharing agreement with Major League Baseball.

The regulatory tension is developing alongside new financial and technology products. MoonPay acquired Dawn Labs and launched Dawn CLI, an AI tool designed to build prediction market trading strategies from plain-language prompts.

The SEC's continued review also follows broader moves by established exchange operators into event-driven products. In March, Nasdaq filed with the regulator seeking approval for binary options tied to the Nasdaq 100 index, as traditional financial exchanges explored growing retail demand for prediction-style contracts.

Good to know

Roundhill’s political ETF filings include products tied to party control of the White House, Senate and House

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