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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.
“It’s not a question of whether innovations like blockchain, artificial intelligence, and prediction markets will transform our markets. It’s a question of where this innovation will take place and who will write the rules,” Selig said during a meeting of the CFTC’s Innovation Advisory Committee on 20 August, which featured the CEOs of Kalshi, Polymarket, DraftKings, CME Group and more.
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Funds held in customer accounts also declined sharply. Operators held £886.6 million ($1.19 billion), down 13.9% from the same point a year earlier.
Retail betting diverged significantly from the wider market, with non-remote betting GGY falling 3.3% to £2.4 billion ($3.2 billion). The number of betting shops dropped for a 12th consecutive reporting period to 5,617 premises—a 3.6% annual decline (down 208 shops from March 2025).
Other retail sectors performed better. Bingo GGY increased 8.2% to £703.8 million ($941.8 million), while arcade GGY rose 10.7% to £800.1 million ($1.07 billion).
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The decision to use a provisional measure means the restrictions can take effect immediately, less than a month before the elections. This is the clearest indication yet that the sector is being used for electoral purposes to try and secure Lula’s re-election.
The drafting of the text is reportedly in the hands of the Civil House, with some believing that it serves an electoral purpose, meaning Lula potentially riding the wave of criticism against the sector.
The Brazil betting industry has faced increasing scrutiny of late over claims that families are falling into debt because of gambling.