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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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In fact, behind those brands, a whole new sector is taking shape. Data and streaming suppliers, specialist market makers and technology companies are quickly invading the space.
The investment banking and capital markets firm Jefferies said in a September report that sports had become prediction markets’ “most important liquidity driver”, with combo and parlay-style contracts accounting for an increasing share of activity. But the analysts cautioned that prediction markets are scale businesses with relatively low revenue yields, leaving their economics dependent on sustained liquidity, engagement and trading activity.
James Monk, founder of sports data and streaming provider Catalist Sports, has witnessed that dependence directly. Catalist supplies ITF tennis data to Kalshi and Polymarket and has an exclusive US sports-streaming agreement with Kalshi.
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The trade body has long been critical over the discrepancy between channelisation estimates made by the regulator, and other independent reviewers.
The DOCV reinforced its calls for a unified federal licensing regime for online casino games and stronger enforcement mechanisms against illegal operators.
An ongoing review of the Interstate Treaty on Gambling, which is meant to conclude by the end of this year, should introduce a nationwide licensing model for online casino games, the group added.