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Just eight years after the state of New Jersey successfully petitioned the US Supreme Court to repeal the Professional and Amateur Sports Protection Act, which opened the floodgates of sports betting expansion across the country, the Garden State has again petitioned the high court, this time to defend its sports betting jurisdiction against the rise of prediction markets and sports event contracts.
On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.
The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.
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In July the Commission said its investigation had discovered the supplier had failed to maintain adequate anti-money laundering and customer due diligence controls in the UK.
It considered suspending Evolution’s licence, but the supplier acted swiftly, carrying out ring-fencing controls across Europe to prevent its games from being used in grey markets.
Evolution’s case against Black Cube continues. It even sought to add Playtech as a defendant in April.
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Analyst Gautam Chhugani and team are forecasting $410 billion in yes/no exchange turnover this year, implying that if the $10 trillion estimate proves accurate, it’d represent a more than twentyfold increase from the 2026 tally.
The $10 trillion forecast also implies significant growth in just five years from what previously stood as some of the most optimistic 2030 projections. In April, Bernstein estimated prediction market volume will ascend to $1 trillion by 2030 while Bank of America said prediction markets will eventually grow to $1.1 trillion in yearly turnover. A July report from Macquarie analyst Chad Beynon included a $1.5 trillion annual volume forecast by 2030.
If Bernstein’s $10 trillion prediction market turnover forecast is realized or exceeded, it’d likely prove significant in revenue terms because the research firm previously estimated that $1 trillion in yearly activity could generate as much as $10.8 billion in revenue for operators.