Executive Summary

The prediction market industry crossed $44 billion in global volume in 2025 and hit $29.8 billion in April 2026 alone. The regulatory landscape is not keeping pace. It is fragmenting.

In the United States, the newly appointed CFTC chairman has signaled the most permissive federal stance in history — while 19 federal lawsuits, 38 state attorneys general, three Congressional bills, and federal prosecutors push in the opposite direction. In Europe, country-by-country bans are accumulating faster than any unified framework can form. Globally, no jurisdiction has created a bespoke prediction market regulatory regime.

This paper maps the actual state of regulation: what is approved, what is contested, what the major participants are saying, and where the fault lines are. The conclusion is uncomfortable: the industry is growing at 4x per year into a regulatory vacuum that is filling with litigation, not legislation.

Regulatory decisions made in the United States over the next 12–24 months will set the global precedent for how prediction markets are classified, governed, and ultimately adopted as institutional infrastructure. For financial professionals across the globe, where regulatory frameworks are still forming, understanding the U.S. fault lines now is not an academic exercise. The instruments being debated in U.S. courts and Congress are the same ones that will eventually appear on the desks of risk managers, compliance officers, and portfolio managers worldwide. This is the moment to get ahead of it.

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1. The United States: Two Governments, One Industry

The U.S. regulatory picture is defined by a single, unresolved tension: the federal government and the states fundamentally disagree on what prediction markets are. The CFTC says they are derivatives. State gaming commissions say they are gambling. Both cannot be right — and 19 federal lawsuits are attempting to force a resolution.

1.1 The Federal Pivot

On January 29, 2026, CFTC Chairman Michael Selig delivered the clearest pro-prediction-market signal from a U.S. regulator. He withdrew a Biden-era proposed rule that would have banned political and sports event contracts, vacated a 2025 staff advisory, directed staff to draft new “clear standards” rulemaking, and announced the CFTC would reassess its participation in pending federal litigation. Selig called the prior approach a “frolic into merit regulation.”

1.2 The State Revolt

While the CFTC pivots toward permission, states are escalating enforcement. As of Q1 ’26, Kalshi faces 19+ federal lawsuits: 8 from state gaming commissions and tribal nations, 6 offensive suits filed by Kalshi itself, and 4+ class-action lawsuits alleging illegal gambling. In Maryland, the court held sports contracts are “indistinguishable” from wagering. In Massachusetts, a January 2026 injunction ordered Kalshi to geofence the state. The Supreme Court is expected to weigh in within 12–24 months.

1.3 The Congressional Front

Three bills are now in Congress. The Merkley-Klobuchar “End Prediction Market Corruption Act” would bar government officials from trading event contracts. The bipartisan Moore-Carbajal “Event Contract Enforcement Act” would force the CFTC to prohibit contracts on terrorism, assassination, war, gaming, or illegal activity. The Torres bill would bar federal employees from the same. Meanwhile, former OMB director Mick Mulvaney launched a 501(c)(4) called “Gambling Is Not Investing” pushing for state regulation. And on March 9, SDNY’s Jay Clayton said publicly: “My prosecutors are looking at what laws we can use.”

 

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The Litigation Tracker

19+ federal lawsuits · Path to the Supreme Court

Case Year Status Notes
Kalshi v. CFTC (D.C.) 2024 WON Election contracts are not 'gaming.' CFTC dropped its appeal in May 2025. The foundational federal precedent.
Blue Lake v. Kalshi (CA) 2025 ON APPEAL Won at district court on federal preemption. The 9th Circuit appeal is the pivotal near-term ruling.
Kalshi v. Nevada GCB 2025 REVERSED Injunction reversed Nov 2025. State can enforce gaming laws.
Kalshi v. New Jersey 2025 MIXED District court sided with Kalshi. Ongoing.
Maryland v. Kalshi 2025 STATE WON Sports contracts 'indistinguishable' from wagering. 38-state amicus.
Massachusetts v. Kalshi 2025–2026 INJUNCTION Geofencing ordered. Kalshi's stay request denied. Polymarket filed a counter-suit on preemption February 10.
Polymarket v. Massachusetts 2026 FILED Filed February 10, 2026. Claims federal preemption under the CEA. First Polymarket-led preemption suit.
Coinbase v. MI/IL/CT 2025 PENDING Three concurrent state actions. Coinbase argues the CFTC is the sole proper regulator for these contracts.
Class Actions (4+) 2025–2026 PENDING SDNY filing characterizes Kalshi as an "illegal unlicensed sports book." Investor and bettor classes both moving.
Tribal Challenges 2025–2026 ACTIVE Multiple tribal nations asserting exclusive Class III gaming compacts preempt prediction market sports contracts.
Trajectory A circuit split is forming. The 9th Circuit's Blue Lake ruling will likely set up Supreme Court review within twelve to twenty-four months. CFTC rulemaking is expected in Q2 2026. The race is now between federal rulemaking and federal jurisprudence — whichever resolves first sets the line.
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2. Europe: Death by a Thousand National Bans

The EU has no unified prediction market framework. Countries that have banned or restricted Polymarket as of February 2026: France, Belgium, Poland, Portugal, Hungary, Romania, and Ukraine. Countries where it remains accessible: Germany, Spain, Denmark, and Greece. The MiCA grandfathering period ends July 2026.

The irony is striking: the EU has built one of the world’s most comprehensive crypto regulatory frameworks (MiCA) but has zero framework for prediction markets specifically. Platforms fall between gambling and financial instruments with no single regulator in charge of the gap.

Eurex is reported to be weighing entry. If that happens it would be the first major European exchange in the space, and the first jurisdictional move toward treating event contracts as derivatives rather than gambling. Watch this one.

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3. Rest of World: No Bespoke Frameworks Anywhere

Outside the U.S. and EU, no jurisdiction has created a dedicated prediction market regime. The UK classifies them under gambling. Singapore banned Polymarket in 2025. Taiwan investigated users for political betting. Australia prohibits access. Brazil is the most-discussed expansion market, with a draft framework circulating but no firm timeline.

 

Figure 1 — Global Regulatory Status by Region  (as of February 2026)

Intelligence
Region
Status
United States — Federal
PERMISSIVE
United States — States
HOSTILE
European Union
FRAGMENTED
United Kingdom
RESTRICTIVE
Asia-Pacific
MIXED
Latin America
NASCENT
Middle East / Africa
MINIMAL
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The Underlying Curve

April set the sector record at $29.8 billion in combined notional volume. The week of March 2–8 set a single-week record of $5.35 billion across Kalshi and Polymarket. CME’s event contracts independently hit $100 million in their first eight weeks. The Federal Reserve published a paper on February 12 finding prediction market prices forecast Fed rate moves on par with, or better than, Bloomberg consensus, the New York Fed survey, and fed funds futures. When the Federal Reserve’s own research staff validates your data quality, the gambling-versus-derivatives debate is no longer the argument that matters.

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4. Who Is Building What

The competitive landscape has transformed beyond recognition. Earlier this year at FIA Boca, Kalshi’s CEO sat as an equal on a headline panel with the heads of CME, Nasdaq, Deutsche Börse, and SGX. That image is the most accurate single representation of where this industry now sits.

Figure 2 — Major Market Participants

 

Intelligence
Party
Recent Move
Date
Vector
Kalshi
Closed $22B Series F May 7 (Coatue-led, with Sequoia, a16z, IVP, Paradigm, Morgan Stanley). CEO Mansour on FIA Boca panel alongside CME, Nasdaq, Deutsche Börse, SGX. 200 internal investigations opened, two insider trading referrals.
Mar–May
Exchange
Polymarket
Reportedly raising at $15B valuation. Palantir partnership for sports betting surveillance. Preemption suit filed against Massachusetts February 10. Iran strikes insider trade scandal triggered the $515K winning bet probe.
Mar 2026
Exchange
Rothera
Robinhood + Susquehanna + MIAX joint venture (45/45/10). Renamed from LedgerX/MIAXdx January 20. Self-certified baseball, weekly jobless claims, and core PCE contracts May 14. Target list date on or after May 20, full launch by June 30.
May 14
New Venue
CME Group
Event contracts crossed 100 million in eight weeks. Treating prediction markets as a recurring product line rather than an experimental sleeve.
Q1 2026
Incumbent
Cboe
Announced patent-pending three-outcome event contract framework. First incumbent to attempt structural innovation rather than format mimicry.
Mar 9
Incumbent
Nasdaq
Filed with the SEC for binary options on the Nasdaq-100. A direct positioning play against Kalshi's macro contracts.
Mar 2
Incumbent
CFTC
Chair Selig withdrew the Biden-era proposed ban, vacated the 2025 staff advisory, signaled potential intervention in state litigation, called prediction markets "truth machines."
Jan–Mar
Regulator
SDNY (Clayton)
U.S. Attorney publicly stated his prosecutors are reviewing the Iran strikes scandal for chargeable conduct. The first federal prosecutorial signal.
Mar 9
Enforcement
Federal Reserve
Published "Kalshi and the Rise of Macro Markets" finding prediction market quality on par with or better than the NY Fed survey, Bloomberg consensus, and fed funds futures.
Feb 12
Validator
Congress
Three bills active: Merkley–Klobuchar (officials), Moore–Carbajal (substance ban), Torres (federal employees). Mulvaney 501(c)(4) "Gambling Is Not Investing" launched.
Q1 2026
Restrictive
Marex Group
Issued the first "prediction market bond" — $10M structured note paying 7% coupon if Nvidia stays #1 by market cap in a year, principal protected, sold to a Swiss client, hedged via Kalshi positions. Marex Solutions CEO Jethwa on record building a PM structured-products line.
Apr 2
Structured
Susquehanna (SIG)
First official market maker on Kalshi (reduced fees, elevated limits in exchange for two-sided quoting). Standing up "Information Finance" desks. Hiring PM quants in Philadelphia HQ and Dublin sports unit. Also a 45% owner of Rothera.
Q1 2026
Liquidity
DRW
Dedicated "Information Finance" trading desk standing up alongside SIG's. Treats event probability with the same quant rigor as HFT equity trading.
Q1 2026
Liquidity
ICE
Committed $2B to the prediction market sector, of which $600M went directly into Polymarket. First NYSE-parent material backing of a prediction venue.
Oct 2025
Infrastructure
Goldman Sachs
CEO Solomon confirmed on the latest earnings call the bank is exploring opportunities in the space. Research desk has already used Polymarket pricing as an input to model Strait of Hormuz closure odds and the second-order oil impact.
Q1 2026
Exploring
Saba Capital
Boaz Weinstein publicly frames event contracts as a portfolio-level hedging tool — a probability shorthand for offsetting specific outcomes and sizing into other positions with more confidence.
Q1 2026
Asset Mgr
DriveWealth
API partnership with Kalshi to embed event contracts inside fintech-partner brokerages alongside equities and ETFs. REST/WebSocket/FIX 4.4 — the same connectivity protocols already in use at most professional desks.
Feb 2026
Distribution
Citadel / IMC / HRT
Publicly confirmed they are not active in prediction markets. Cite the absence of a mechanical hedge against a spot underlying. That is now the explicit institutional divide.
Apr 2026
Sitting Out
Intelligence

5. The Five Fault Lines

Where this fractures next. Five unresolved questions sit underneath every lawsuit, every state action, every Congressional bill.

5.1 Federal Preemption vs. State Police Power

Does the Commodity Exchange Act preempt state gambling laws? Circuit courts are now splitting. The Supreme Court will likely have to resolve it. This is the single most consequential question in the field.

 

5.2 Sports vs. Non-Sports

Ninety percent of Kalshi’s volume is sports. The regulatory heat is almost entirely on sports contracts. Economic and political contracts face far less opposition. A bifurcated regime is not the worst-case outcome, it may be the most likely one.

 

5.3 Insider trading and national security

The Iran strikes scandal changed the frame. A $515,000 winning bet placed seventy-one minutes before public news broke means prediction markets are no longer just a gambling debate. They are now discussed in the same sentence as classified-information vector risk.

 

5.4 The MiCA Squeeze in Europe

By July 2026, every crypto platform in the EU without a CASP license faces enforcement. MiCA does not regulate prediction markets directly. It constrains their crypto infrastructure. Same outcome by another name.

 

5.5 The Fed’s Validation

On February 12, the Federal Reserve published “Kalshi and the Rise of Macro Markets”, finding that prediction markets perform on par with or better than Bloomberg consensus, NY Fed surveys, and fed funds futures. They correctly identified the most likely Fed rate outcome on the eve of every FOMC meeting since 2022. The Federal Reserve’s own research staff validating prediction market data quality carries enormous weight. Every restrictive argument now has to contend with the question: if the data is this good, what exactly are we banning?

 

The industry is growing at four-times-per-year into a framework built for neither its scale nor its ambiguity. The CFTC’s January pivot is being countered by three bills, a new anti-PM lobbying group, and federal prosecutors. The Iran betting scandal has shifted the debate from gambling to national security. This is no longer about gambling versus derivatives. It is about whether prediction markets can exist without becoming a vector for profiting from classified information. That question will define 2026.

Intelligence

What They’re Actually Saying

Key quotes from regulators, industry, courts, and academics · Q3 2025–Mar 2026

“Prediction markets are a legitimate domain of speculation and information aggregation that our clients are demanding.”
Terrence Duffy, CME Group CEO · Q3 2025

“Americans deserve clarity, not 50 conflicting interpretations.”
Coalition for Prediction Markets · Dec 2025

“It is time for clear rules and a clear understanding that the CFTC supports lawful innovation in these markets.”
CFTC Chair Michael Selig · Jan 29, 2026

“Kalshi adopted its business model — relying on CFTC regulation to offer nationwide sports betting in contravention of state gaming laws — with eyes wide open.”
Judge Barry-Smith, MA Superior Court · Jan 2026

“It’s going to be something the Supreme Court, and maybe even Congress, will have to weigh in on.”
Prof. Koleman Strumpf, Wake Forest · Jan 2026

“Rapid growth in sports-related prediction markets poses legal, economic, and ethical risks.”
Chris Christie, American Gaming Association · Jan 2026

“Be careful about placing trades on prediction markets [which] do not have the same consumer protections as regulated platforms.”
NY AG Letitia James · Feb 2026

“Chairman Selig’s remarks mark the most definitive signal yet that prediction markets have moved to the forefront of the CFTC’s agenda.”
Sidley Austin, Law firm · Feb 2026

“My prosecutors are looking at what laws we can use.”
Jay Clayton · U.S. Attorney for SDNY · March 9, 2026

“Truth machines. They create accountability, transparency, and information.”
CFTC Chair Michael Selig · FIA Boca · March 10, 2026

Intelligence

Bottom Line

The prediction market industry is growing at 4x per year into a regulatory framework built for neither its scale nor its ambiguity. The CFTC’s January 2026 pivot under Chairman Selig is the most consequential signal the industry has received, but it is a signal, not a settlement. 19+ federal lawsuits. 38 states opposing. 33+ countries banned. Zero bespoke frameworks.

The industry is not waiting for regulatory clarity. It is forcing it, through growth, through litigation, and through the sheer political weight of billions of dollars in weekly volume. This is no longer about gambling versus derivatives. It is about whether prediction markets can exist without becoming a vector for profiting from classified information. That question will define 2026.

Intelligence

Two Months On: May 2026 Update

Two months on: Kalshi pulled ahead, Rothera filed, and June is the heaviest catalyst month of the year.

Three structural shifts have occurred since the original analysis. First, the volume race is no longer close — Kalshi hit a record $14.81 billion in April, holding 72% of combined notional volume, while Polymarket posted its first monthly decline in eight months. Second, the capital flowed in: Kalshi closed a $22 billion Series F on May 7, led by Coatue with Sequoia, a16z, IVP, Paradigm, and Morgan Stanley. Polymarket is reportedly raising at $15 billion. Third, investors moved from watching to building — Marex issued the first prediction market bond, Susquehanna became Kalshi’s first official market maker, and DRW stood up a dedicated Information Finance desk.

June is the densest catalyst month of the year: the FOMC decision on June 16–17, the NBA Finals, the FIFA World Cup opening June 11, and the expected CFTC rulemaking, all in the same window.

For the full interactive analysis including the June catalyst calendar and Top Ten Contracts for Capital Markets, explore the complete report.

→ Explore the Full Interactive Report

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TS Imagine Executive Rob Flatley
Author Bio
Rob Flatley

Rob Flatley is the Founder and CEO of TS Imagine, a leading global provider of trading, portfolio, and risk management solutions for capital markets.

Rob has over three decades of hands-on experience leading financial technology companies and teams, spanning both the vendor and broker sides of the capital markets ecosystem. An experienced investment-banking executive, Rob has held senior positions at Bank of America Securities and Deutsche Bank Securities.

On the vendor side, he has founded several successful companies, including CoreOne Technologies in 2010 — a provider of regulatory reporting, index and data management, and prime-brokerage services — which was acquired by Markit (now S&P Global Market Intelligence) in 2015.

In 2021, investment firm Francisco Partners merged TradingScreen and Imagine Software to create TS Imagine, a cloud-based, end-to-end trading and portfolio management platform. Having collaborated closely with Francisco Partners throughout the merger process, Rob was appointed CEO of the newly-formed company.

Under Rob’s leadership, TS Imagine acquired PrimeOne from S&P Global in late 2024, giving the company foundational technology for prime brokers looking to manage and grow their businesses. Rob himself had helped to build this technology as part of the CoreOne platform during his time there.

Rob sits on the board of Cipher Mining Technologies, a data center construction and operations company. He graduated with a BBA in Accounting from the University of Iowa.