💎 Fed’s first rate cut since 2020 set to trigger market. Find undervalued gems with Fair ValueSee Undervalued Stocks

Predictions market Kalshi sues CFTC for blocking election contracts

Published 11/01/2023, 10:48 AM
Updated 11/01/2023, 02:31 PM
© Reuters. FILE PHOTO: Signage is seen outside of the US Commodity Futures Trading Commission (CFTC) in Washington, D.C., U.S., August 30, 2020. REUTERS/Andrew Kelly/File Photo

By Laura Matthews

NEW YORK (Reuters) - Predictions marketplace KalshiEX LLC sued the U.S. Commodity Futures Trading Commission on Wednesday, saying the regulator overstepped its bounds when it rejected a proposal to use derivatives contracts to bet on congressional control.

In June, Kalshi sought to list contracts that would let users bet on whether a particular party will control the House of Representatives and Senate in a given term.

The CFTC banned Kalshi from listing and clearing its cash-settled political event contracts in September, concerned that they would involve unlawful gaming and other activities not in the public's interest.

But in a complaint, filed in the U.S. District Court for the District of Columbia, Kalshi argued that the contracts contain no unlawful acts prohibited under the Commodity Exchange Act and therefore, the CFTC has no power to block them.

The CFTC declined to comment.

New York-based regulated exchange Kalshi claimed its event contracts are in no way contrary to the public interest as they would enable hedging against economic risks brought on by one party's control of Congress, and that the contracts' fluctuating prices would provide useful predictive data to the public.

"It is undeniable that election outcomes have consequences for everyone; they play a pivotal role in determining our collective future," the complaint read.

Kalshi CEO and cofounder Tarek Mansour told Reuters: "Access to tools for actively managing election risks is exclusively reserved for institutions and the wealthy, leaving the average American behind. Our contracts will level the playing field for all."

Following September's order rejecting Kalshi's contracts, CFTC Chair Rostin Behnam said they would require the CFTC to act as an "an election cop" which is not part of its mandate.

He added that while it makes sense for the agency to combat things like fraud in commodity markets, it is impractical to do so when the underlying market is a political contest.

© Reuters. FILE PHOTO: Signage is seen outside of the US Commodity Futures Trading Commission (CFTC) in Washington, D.C., U.S., August 30, 2020. REUTERS/Andrew Kelly/File Photo

The suit claims the CFTC breached the Administrative Procedures Act which sets requirements for how agencies go about proposing regulations and other policies.

At the time of the CFTC's ban on Kalshi's proposal, Dennis Kelleher, chief executive of Better Markets, a nonprofit promoting public interest in financial markets, commended the regulator for rejecting "Kalshi's backdoor attempt to unleash gambling on U.S. elections."

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.