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Just eight years after the state of New Jersey successfully petitioned the US Supreme Court to repeal the Professional and Amateur Sports Protection Act, which opened the floodgates of sports betting expansion across the country, the Garden State has again petitioned the high court, this time to defend its sports betting jurisdiction against the rise of prediction markets and sports event contracts.
On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.
The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.
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The operator first started trading on LSEG’s main market in February 2016 under its previous company name GVC Holdings. This followed its delisting from the Alternative Investment Market (AIM exchange).
Its share price decline began after reaching an all-time high in September 2021. Over the course of five years it has slipped 73% to 530p.
It has been a challenging few years for Entain, having cycled through four CEOs in short succession. In November 2023 Entain agreed to pay a financial penalty totalling £585 million, plus a £20 million charitable donation and £10 million in Crown Prosecution Service (CPS) and HMRC costs. This related to a bribery case initiated by the CPS into the company’s historic operations in Turkey.
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