New Jersey cannot regulate Kalshi's prediction market, US appeals court rules


A gavel and a block is pictured at the George Glazer Gallery antique store in this illustration picture taken in Manhattan, New York City, U.S., August 18, 2020. REUTERS/Andrew Kelly/Illustration

April 6 (Reuters) - ⁠A federal appeals court on Monday ruled that ⁠New Jersey gaming regulators cannot prevent Kalshi from allowing ‌people in the state to use its prediction market to place financial bets on the outcome of sporting events.

A three-judge panel of the Philadelphia-based ​3rd U.S. Circuit Court of Appeals sided ⁠2-1 with Kalshi in ⁠finding that the Commodity Exchange Act preempts state law and ⁠governs ‌the sports-related event contracts it offers on its platform.

The ruling marked a major victory for Kalshi, which ⁠along with other prediction market operators has found ​itselfat the center ‌of an escalating battle over the ability of state ⁠gaming regulators ​to police activity on their platforms.

Such states have argued that companies like Kalshi are operating in their jurisdictions without a license ⁠and in violation of state gaming ​laws, including prohibitions against people under 21 from placing wagers.

Those states include New Jersey, which last year sent Kalshi a cease-and-desist ⁠letter stating that Kalshi’s listing of sports-related event contracts on its platform violated state gambling laws that prohibit betting on collegiate sports.

Kalshi sued, arguing that it was registered as a ​designated contract market with the U.S. Commodity ⁠Futures Trading Commission and that its events contracts are a ​type of "swap" governed by the Commodity ‌Exchange Act.

Kalshi did not immediately respond ​to a request for comment.

(Reporting by Nate Raymond in Boston; Editing by Chizu Nomiyama and Andrea Ricci )

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