Huge win for prediction markets, as the Third Circuit rules in favor of CFTC exclusivity for CFTC-registered DCMs!
While this is just a ruling on the preliminary merits, it is the first appellate court (i.e., court with authority to bind other courts) to weigh in on the issue and it held unequivocally: "The [CEA] preempts state laws that directly interfere with swaps traded on DCMs. Kalshi’s sports-related event contracts are swaps traded on a CFTC-licensed DCM, so the CFTC has exclusive jurisdiction."
The Court got this one right, and TDC will be advocating for other Courts to similarly rule along the clear language of the CEA which gives the CFTC broad and exclusive power to regulate markets offered through CFTC-regulated entities.