Kalshi loses again as judges rule prediction markets must obey gambling laws
摘要
美国第六巡回上诉法院合议庭一致裁定，Kalshi提供的体育赛事合约不符合“掉期”的法定定义，因此不受美国商品期货交易委员会专属管辖；即便视为掉期，《商品交易法》也未明确或隐含地优先适用而阻止各州执行博彩法。该裁决支持俄亥俄州与田纳西州对预测市场执行本州博彩法规，是Kalshi在相关诉讼中的又一次失利。
Another federal appeals court has ruled that states can enforce their gambling laws against the prediction market Kalshi, which asserts that it can only be regulated by the US government. On Friday, a three-judge panel in the US Court of Appeals for the Sixth Circuit ruled unanimously against Kalshi and in favor of Ohio and Tennessee.
While the US Commodity Futures Trading Commission has exclusive jurisdiction over "swaps," the judges found that sports wagers offered on Kalshi do not meet the legal definition of swaps. Moreover, the court found that even if Kalshi wagers were swaps, the regulatory scheme created by Congress would not prohibit states from enforcing gambling laws on prediction markets.
"We hold that Kalshi has not shown that its sports-event contracts satisfy the statutory definition of a 'swap' so as to fall within the scope of the CFTC's 'exclusive jurisdiction,'" said the ruling written by Judge Julia Smith Gibbons, a George W. Bush appointee. "And, even assuming that Kalshi’s sports-event contracts are swaps, we alternatively hold that the CEA [Commodity Exchange Act] neither expressly nor impliedly preempts Ohio’s or Tennessee’s gambling laws."
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