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The rejection of the Clarity Act can be viewed as a victory for gaming stakeholders in their fight against prediction markets, which are closely intertwined with the crypto world. Crypto markets have long been the second-largest category of prediction market trading, behind sports, and many crypto exchanges also now offer predictions. These include Crypto.com, Coinbase, Gemini and many others.
On 16 June, a coalition of gaming lobby groups, state associations and labour unions sent a letter to the Senate urging lawmakers to include language in the bill banning sports and casino-related contracts. Among the signatories were the American Gaming Association, the Indian Gaming Association, the Association of Gaming Equipment Manufacturers and the UNITE HERE unions.
“Litigation may eventually clarify the law, but this is ultimately a question of congressional intent. Congress should not wait while this nationwide expansion of gambling continues,” the letter said. “It should use crypto legislation to reaffirm a simple principle: sports betting falls outside the CFTC’s remit and cannot be offered through prediction market platforms.”
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Van Bruggen said the matter would be raised in subsequent progress reports.
Beyond raising the age limit to 21, Van Dijk called for a complete reversal of the Netherlands’ 2021 online gambling legalisation, which helped establish a reasonably mature legal gambling market for the sector, until tighter restrictions for players, and increased taxes, struck licensed operators in recent years.
Van Dijk also voiced his opinion that all gambling advertising should be banned, including for lotteries and land-based casinos.
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The analysts estimated that an operator capturing a one-cent spread and managing its exposure successfully could generate net economics of approximately $1.69 on a $100 trade. Returns are not guaranteed: adverse price movements and unresolved inventory can offset or exceed income from spreads, rebates and liquidity incentives.
The operational infrastructure available to these new firms, however, remains underdeveloped. Gonzalez contrasts prediction markets with equities, where trading businesses can use prime brokers, clearinghouses and standardised systems such as FIX.
“When it comes to prediction markets, none of that exists,” he said. “Everyone that’s building in the prediction market space mostly starts from ground zero.”
