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US Election Trading Poses ‘Systemic Risk?’ Question Looms – CFTC, Kalshi Battle Ensues

  • Court halts Kalshi’s election markets after CFTC’s emergency appeal, despite Kalshi’s prior legal win.
  • CFTC claims election betting risks integrity; Kalshi counters it offers valuable insights—legal battle heats up.
  • The outcome of the Kalshi vs. CFTC case may reshape U.S. election prediction markets; regulated platforms’ future in play.

The US Commodity Futures Trading Commission (CFTC) has recently achieved an administrative stay on Kalshi’s US election trading. This decision was made by the Court of Appeals, which stopped Kalshi’s election markets less than 24 hours after they launched.

This decision came after another District Court ruling that was in favor of Kalshi. It stated that the CFTC had gone beyond its jurisdiction.

Kalshi Forced to Halt Election Market After CFTC Intervention

Kalshi’s U. S. election trading market was suddenly halted after the Court of Appeals issued an administrative stay. However, the CFTC, which had lost a case to Kalshi in the District Court, acted swiftly. It sought an emergency order to stop the release of the election contracts on the platform.

The stay was granted until further consideration of the CFTC’s appeal. It suspended the trading of contracts regarding which party will control the Senate and House.

Kalshi had claimed that the CFTC was overly preempting the regulation of the election contracts. That the regulator could only prevent contracts based on gaming or other unlawful activities.

The CFTC argued that election-related contracts created systemic risks to the public. Namely, they could affect the quality of elections. The appeal court’s decision, however, did not address these concerns. It only gave a temporary stay while the appeal is still being heard.

CFTC’s Concerns Over Election Integrity

The CFTC has raised concerns about the dangers that election betting markets may pose. It observed that permitting such contracts may encourage the market actors to rig the results, which may, in turn, lead to erosion of confidence in the electoral process.

The agency pointed out the timing of this development, saying that it comes at a time when trust in election integrity is already low.

Kalshi, however, noted that its markets are intended to give a better understanding of political events and offer clarity. The platform has attracted the interest of the cryptocurrency community, which employs prediction markets to forecast events and gauge the audience’s attitude toward specific topics.

However, the CFTC has asserted that public interest is at risk with any trading in election contracts. It insists that any trading in election contracts poses a significant public interest risk.

Therefore, Kalshi has up to September 16 to submit a response to the CFTC’s motion to compel arbitration. The company stated that it is willing to meet the concerns of the court while maintaining that Judge Cobb was right in his decision and that the CFTC had exceeded its jurisdiction.

On the other hand, legal specialists have claimed that this particular case may act as a precedent for other regulated exchanges that intend to list political event contracts.

This case could, therefore, define how election prediction markets will function in the US in the future. Unregulated platforms such as Polymarket are still allowed, but Kalshi is focusing on a fully regulated and compliant market.

Outlook for U.S. Political Betting Markets

Kalshi’s move into the political betting sector is notable for the U. S. markets and especially for being regulated. If the platform can withstand the legal challenges posed by the CFTC, it can provide a safer haven for traders than the unregulated markets.

The company’s CEO has stated that Kalshi will emerge victorious in the end, given the importance of these markets to traders who wish to hedge on political events.

The legal clash also raises concerns over the CFTC’s power to regulate event contracts as financial instruments.

The court has noted that elections cannot be classified as gaming or unlawful activities. Therefore, the case may have an impact on future regulatory decisions. Due to this, for now, Kalshi has been brought into a rather precarious position as its election markets have been halted until the Court of Appeals gives its last word.

This case highlights how politics, financial markets, and crypto are becoming more intertwined. The upcoming November elections in the U. S. are expected to have a major impact on Bitcoin and other cryptocurrencies, which will only increase the interest in prediction markets.

Disclaimer

The contents of this page are intended for general informational purposes and do not constitute financial, investment, or any other form of advice. Investing in or trading crypto assets carries the risk of financial loss. The forecasted data (also called “price prediction”) on this page are subject to change without notice and are not guaranteed to be accurate.

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Kelvin Munene
Kelvin Munene
Kelvin is an experienced crypto journalist with over 6 years of experience backed by an Actuarial Science and English Degree. He has over 10,000 works published under his profile in several major media sites in the crypto, Web 3, and Finance sectors.