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How to play Octoberfest
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.
There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.
How to play Octoberfest
The US addressable market is vastly larger and customer recruitment remains strong. Marantelli says Kalshi increased its number of clients fivefold during the World Cup, while White Swan predicts that NFL prediction markets could generate between $5 billion and $7 billion of liability in a single week.
But he acknowledges the possibility that faster customer losses could eventually test the sustainability of the model.
“They lose quicker, dry up quicker, recruitment or re-recruitment,” he says. “If the recruitment of players dries up, then what are you going to do? Definitely there can be components like that.”
About Octoberfest
The Loterij suggested around 200,000 Dutch citizens already engage with unauthorised platforms.
Earlier this summer, the Dutch Online Gaming Providers (VNLOK) trade body initiated legal action against Meta and lodged a formal complaint with the European Commission, accusing the social media giant of failing to prevent the widespread display of illegal online gambling advertisements targeting Dutch users on Facebook and Instagram.
According to VNLOK, the illegal online gambling market in the Netherlands now matches the size of the regulated sector, with estimated annual revenues in excess of €1 billion ($1.1 billion).
