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US prediction-market jurisdiction dispute advances through courts

Regulation

A discussion on US prediction markets examined the jurisdictional dispute between state regulators and the Commodity Futures Trading Commission as cases proceed through several circuit courts. Milbank partner Joshua Sterling argued that the Commodity Exchange Act gives the CFTC exclusive authority over these instruments; a New Jersey dispute could reach the Supreme Court by September. DraftKings and FanDuel have launched prediction products, while BetMGM has not entered the segment, the discussion said.

Court decisions could affect whether prediction products fall under federal or state oversight and shape operators’ market choices.

End-of-day close DraftKings (DKNG), USD, to 21 September 2026
Story date23 June 202621 September 2026

Latest reported results

DraftKings NASDAQ: DKNG

Quarter ended 30 September 2026

Revenue
USD 1.33bn10-Q filing 0001883685-26-000041
Operating income
−USD 493.1m10-Q filing 0001883685-26-000041

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