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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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By the time Covid came around in 2020, Petra felt she had done enough in aviation and went looking for her next role. As she told me, “Holland Casino popped up and I am somebody who by their nature looks at similarities instead of differences.
“What I saw is, Holland Casino is a company with 4,000 people working in hospitality, in a strongly regulated market where you have to balance between offering entertainment and a nice evening out with hospitality, and the risk attached to that – and there you see the similarities with the airline industry.
She adds: “For example, Transavia also had 4,000 people, cabin crew, cockpit, and more, all very regulated, labour union intensive, people being busy with what can we offer to the guests – but at the same time they have to know their rules and their regulations very well, because it’s important when there’s risk attached.
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For James Curwen, chief executive at Yggdrasil, the tension between the industry’s need for fresh content and the commercial realities of producing it goes to the heart of the challenge.
“The industry has a content problem,” he says. “There are thousands of games being released and too many of them are variations of something that already exists.
“Part of the reason is economics. When games take months and significant money to develop, people naturally become risk-averse. Building on something that already works becomes the safer option.”