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As with PASPA, this matter revolves heavily around federalism versus states’ rights. Traditional sports betting is governed by individual state regulators with varying laws and regulations. Federal derivatives are regulated by the CFTC, which has fully embraced prediction markets under US President Donald Trump after rejecting them in previous administrations.
The web of lawsuits and court rulings involving prediction markets has greatly complicated the issue of jurisdiction. Kalshi has been forced to limit trading in multiple states, most notably Nevada, and the CFTC has gone to unprecedented lengths to protect its licencees. This includes suing nine states directly and issuing emergency orders to reject state mandates.
CFTC Chairman Michael Selig is currently the lone sitting commissioner for an agency that traditionally features a bipartisan group of five. Selig has repeatedly defended both the legitimacy of prediction markets as financial assets and the role of the CFTC in overseeing them. The CFTC under his direction has embarked on a series of rule proposals regarding prediction markets, although detractors argue that the proposed changes still allow for sports contracts and in some ways could be seen as a tightening of the belt to make a Supreme Court review look more favourable.
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“They challenge us both from an academic side and a more practical side. We try to develop our rules as we go along but you have to prove every single day that you’re doing all that you need to do on responsible gaming,” Petra notes.
The Netherlands online gambling market has been the subject of many column inches and much speculation thanks to regulation that has been largely described as heavy-handed and perhaps a little short-sighted – even by the country’s own regulator.
The triumvirate of Netherlands, Germany and Sweden is often held up as an example of how not to regulate, with all three countries haemorrhaging players to waiting illegal operators. So what is public sentiment like towards operators? “My feeling is that if you look at public sentiment, they don’t see really the difference between online and land-based,” says Petra. “If you look into what they’re saying, they’re primarily talking online. But for the general public, there is no difference [between the channels] in that respect.”
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The bitter, longstanding feud between Station Casinos and the Culinary Union in Las Vegas took another turn this month, this time to Washington, DC and the US Supreme Court.
On 4 September, Chief Justice John Roberts denied Station’s emergency request for a stay of a federal appeals court decision that ordered the company’s Red Rock Casino Resort Spa in Summerlin to comply with a National Labor Relations Board mandate and bargain in good faith with the union following a failed labour vote in late 2019. Roberts gave no explanation for the denial.
The NLRB ruled after the election that Red Rock took steps to prevent a fair union vote, and Red Rock sued in response, although the ruling was upheld by the US Court of Appeals for the District of Columbia last month. After the court denied a rehearing request on 6 August, it also subsequently denied Station’s request for a stay pending SCOTUS relief on 24 August.