Third Circuit holds CFTC has exclusive jurisdiction over DCM-traded sports event contracts, barring New Jersey enforcement
A divided Third Circuit panel held that the Commodity Exchange Act gives the CFTC exclusive jurisdiction over sports-related event contracts traded on CFTC-licensed designated contract markets, via both field preemption (CEA occupies swaps regulation on DCMs) and conflict preemption (state enforcement would recreate the regulatory patchwork Congress eliminated). The majority explicitly limited the holding to DCM-traded contracts and did not find the CEA preempts state gambling law generally; a dissent argued the presumption against preemption should control given gambling is traditional state territory. The ruling arose from and bars New Jersey's enforcement attempt against Kalshi.MoreLess
A divided Third Circuit panel held that the Commodity Exchange Act gives the CFTC exclusive jurisdiction over sports-related event contracts traded on CFTC-licensed designated contract markets, via both field preemption (CEA occupies swaps regulation on DCMs) and conflict preemption (state enforcement would recreate the regulatory patchwork Congress eliminated). The majority explicitly limited the holding to DCM-traded contracts and did not find the CEA preempts state gambling law generally; a dissent argued the presumption against preemption should control given gambling is traditional state territory. The ruling arose from and bars New Jersey's enforcement attempt against Kalshi.
6 Apr 2026No source link on file
