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Medias24 reported the judge’s reasoning: “Internet access providers are technically the only parties able to end the manifestly unlawful disturbance resulting from access to unauthorised betting sites.”

The order was short-lived. The commercial court of appeal granted a stay on 26 January. According to Medias24’s 12 February report, it then annulled the order and rejected MDJS’ claim, ending the daily penalty. MDJS could still appeal.

The court action came as MDJS was warning of the financial impact of offshore betting. Director General Younes El Mechrafi told a parliamentary sport forum in December that illegal sports betting stakes reached about MAD3.5 billion in 2024. He put the cost to the state at some MAD700 million, split between the national sports development fund and the Treasury.

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For the right audience, likely professional traders and sophisticated retail investors, the CME futures on FutureSports indexes could amount to “Goldilocks” offerings because the derivatives aren’t standard sports bets nor are they carbon copies of the event contracts traded on prediction markets.

The MLB and NHL futures contracts could be deployed by big-money bettors as hedges on various team exposures over the course of those leagues’ seasons.

As for the regulatory outlooks for the ETFs, the SEC hasn’t publicly commented on the NHL funds’ fates and it’s too early to tell what will come of the MLB filings, but there are hundreds of futures-based ETFs on the market today.