As a researcher with extensive experience in financial markets and regulation, I find the current situation surrounding election prediction contracts both intriguing and concerning. The CFTC’s concerns about market manipulation are not unfounded, given my understanding of the complexities and vulnerabilities inherent in such markets.


The Commodity Futures Trading Commission (CFTC) expresses concerns over potential market manipulation, given that multiple platforms plan to unveil election prediction contracts following a federal court decision in favor of Kalshi, which effectively lifted the CFTC’s injunction against such offerings.

The Commodities Futures Trading Commission (CFTC) has cautioned the District of Columbia Court of Appeals against allowing Kalshi’s plans to use election prediction contracts, as such widespread usage could lead to an uncontrollable trend if not addressed. Additionally, the CFTC highlighted the risk of potential manipulation associated with these types of contracts.

The regulatory body has petitioned the court to prolong its temporary hold on Kalshi’s contract offerings while their appeal is ongoing. Since the court recently supported Kalshi in a lawsuit against the CFTC this month, more parties have expressed interest in issuing similar contracts. To halt Kalshi from providing these contracts, which were temporarily available, the CFTC requested an administrative pause, which the court approved. However, the court plans to lift this hold soon, prompting the regulator to ask the court to maintain it instead.

The order issued by the district court is perceived by Kalshi and others as a green light for betting on elections, according to a filing made on Saturday. Following the court’s decision in favor of Kalshi, Wall Street titan Interactive Brokers has declared its intention to provide election-related prediction contracts through a subsidiary that is overseen by the Commodity Futures Trading Commission (CFTC).

The regulatory body expressed concern that an increase in bets on future U.S. elections on exchanges could negatively impact public interest. If the court lifts the ban, more exchanges might start offering these contracts, and the CFTC is worried about this development. They emphasized that manipulation could become a significant issue if prediction contracts flood the market. They pointed out that there have already been instances of market manipulation in the markets similar to those mentioned by Kalshi.

CFTC Fires Back at Kalshi’s Claims of Losses

In a hearing held on Thursday, Yaakov Roth, the lead lawyer for the prediction market, stated that they are the ones striving to follow the law, while those benefiting from the delay are entities unwilling to comply with the law. He argued that Kalshi is missing out on profits as they strive to adhere to the law, whereas platforms like Polymarket, which have been dealing in these contracts, are amassing significant fees from their offerings. In response to this, the CFTC stated in its filing over the weekend, “Just because a product is being sold illegally doesn’t mean a legitimate business can start selling it.

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2024-09-17 14:52