NEW YORK, Sept 12 (Reuters) - A federal judge on
Thursday cleared the path for Americans to use derivatives to
bet on events such as the outcome of U.S. elections, dealing
another blow to the regulator overseeing the market.
Predictions marketplace KalshiEX LLC 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.
But the U.S. Commodity Futures Trading Commission prohibited
Kalshi from listing and clearing its cash-settled political
event contracts due to concerns about unlawful gaming and other
activities not in the public's interest.
Kalshi later sued, saying the CFTC exceeded its authority.
In her opinion released Thursday just weeks ahead of the
Nov. 5 presidential and congressional elections, District Court
Judge Jia Cobb wrote that Kalshi's contracts don't involve
unlawful activity or gaming, rather elections which are neither.
"This case is not about whether the Court likes Kalshi's
product or thinks trading it is a good idea," Cobb stated. "The
Court's only task is to determine what Congress did, not what it
could do or should do. And Congress did not authorize the CFTC
to conduct the public interest review it conducted here."
The CFTC did not immediately respond to a request for
comment.
Kalshi CEO and co-founder Tarek Mansour told Reuters in a
written statement, "Now is finally the time to allow these
markets to show the world just how powerful they are at
providing signal amidst the noise and giving us more truth about
what the future holds."
Following the court's decision, Cantrell Dumas, director of
derivatives policy at Better Markets, a nonprofit promoting
public interest in financial markets, said the ruling
prioritizes corporate profit over public interest.
"Allowing Kalshi's political event contracts is a dangerous
move that opens the floodgates to unprecedented gambling on U.S.
elections, eroding public trust in both markets and democracy,"
said Dumas.