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“We continue to view regulation as the largest risk to prediction markets,” says the analyst. “While industry growth remains robust, adverse legal outcomes could materially impact sports contract availability and long-term adoption.”
Amid a string of losses in federal appellate courts, it appears increasingly prediction markets are angling to take their cases to the U.S. Supreme Court, banking that the high court will allow them to continue offering sports event contracts free of state gambling regulations.
Some legal experts and members of the investment community believe it’s possible the Supreme Court could hear a prediction market case at some point over the next six or seven months.
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The news comes as prediction market operators continue to form alliances with major media outlets. These deals allow news outlets to embed event contract data into their reporting and offer prediction platforms more visibility to investors and news audiences.
Polymarket has developed its media presence elsewhere. In January, it signed a deal with Dow Jones to provide its prediction market data to several of the publisher’s consumer platforms. The deal covers publications including The Wall Street Journal, Barron’s, MarketWatch and Investor’s Business Daily.
Prediction markets have become more and more intertwined with sports and entertainment businesses. Polymarket has agreements with Major League Baseball and Sportsradar. Sportsradar provides data and services for more than 20 sports leagues and competitions.
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The Commodity Futures Trading Commission (CFTC) agrees, continuing to defend its claimed “exclusive jurisdiction” over sports prediction markets in federal and state courts across the nation.
The legal wrangling extends to Michigan, where Attorney General Dana Nessel has rejected Polymarket and the CFTC’s arguments that the Michigan Gaming Control Board has no regulatory authority over prediction markets, even the ones allowing traders to buy and sell shares of sports outcomes.
Since returning its prediction market to the US, Polymarket has regularly engaged in nonconforming advertising. Painting a water tower in the company’s blue and branding the structure with its logo is the firm’s latest marketing ploy.
