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CFTC Drops Appeal Against Kalshi: Political Prediction Markets Prevail

US regulator moves to drop appeal against Kalshi

In a significant development for the prediction market landscape, the US Commodity Futures Trading Commission (CFTC) has filed a motion to withdraw its appeal against Kalshi. This move effectively clears the path for Kalshi to continue offering contracts on political events, such as elections, without further regulatory challenge.

The CFTC’s May 5th filing with the US Court of Appeals for the District of Columbia Circuit signals a potential shift in regulatory stance. The unopposed motion for voluntary dismissal, available here, suggests a possible agreement reached between the CFTC and Kalshi, ending a legal battle that began in 2023.

Court Document
Motion to dismiss appeal filed by the CFTC on May 5. Source: Courtlistener

Kalshi, in a joint filing, agreed to cover its own legal costs. The platform, in a subsequent X post (link), declared that “election markets are here to stay.”

This decision follows Kalshi’s initial victory in a lower court, which prompted the CFTC’s appeal. The reversal in the CFTC’s stance might be linked to the change in administration and the appointment of acting Chair Caroline Pham. Commissioner Summer Mersinger’s prior support for election prediction markets further suggests a shift in agency perspective.

Political Prediction Markets and Regulatory Landscape

The original CFTC case argued that such markets could lead to market manipulation and harm the public interest. However, the recent decision suggests a willingness to reconsider this position, potentially opening the door for broader acceptance of political prediction markets in the US.

Kalshi’s growing popularity, particularly among crypto users, especially with the recent addition of Bitcoin deposits (article), is likely to benefit from this decision. This outcome has significant implications for the future of regulated prediction markets and their role in political forecasting.