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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.
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In 2025, Brazil collected almost BRL10 billion ($1.97 billion) in tax revenue from the licensed sector. In the first seven months of this year alone, BRL8.7 billion generated by the activity was delivered to public coffers. The Federal Revenue Service itself estimates that the sector should reach BRL16 billion in revenue during 2026.
Besides revenue collection, another concern is legal and economic. Companies have paid over BRL2.5 billion for licences since the sector’s regulation. Certainly, the end of the activity would lead to litigation to recover the amounts paid and compensation for investments made. Furthermore, the revenue from betting is already included in the Annual Budget Law and the Budget Guidelines Law, which define the priorities for federal government spending.
What worries the sector is not just the threat of drastic measures against legalised betting. So far, the government has consistently fallen short in its attempts to curb the illegal market, which still represents almost half of the segment.
About Fishtastic
Kambi had set itself the ambitious target of delivering the entire tournament through AI. By the time Spain lifted the trophy, it had provided compelling evidence that automated trading could withstand the scale and intensity of sport’s biggest betting event while improving the experience offered to operators and their customers.
“The Fifa World Cup draws global attention in a way that no other sporting event can, and it was the best stress test of the technology we could have asked for,” says Oliver Lamb, SVP of trading at Kambi.
“We also delivered a nigh-on limitless range of bet combinations, delivered in a more rapid and more seamless manner than we have been able to before.”