Steamrunners

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Across the market, operators delivered high double-digit gains compared with Labor Day weekend, which featured a full slate of college football games but no NFL contests. Two operators, DraftKings and Underdog each saw triple-digit growth, delivering weekly increases of 125% and 119%, respectively. Three others, Polymarket, Crypto.com and Novig, saw gains of at least 30%, led by Polymarket with a weekly increase of 46%.

One interesting nugget surrounds weekend figures at Kalshi, where volume on Sunday only surpassed prior daily activity by $34 million, BofA data shows. Typically, Sunday volume for the quarter dwarfs that of College Football Saturdays due to the voracious demand for NFL offerings. BofA analyst Shaun Kelley attributes the irregularity to the possibility that Kalshi is “over indexing” on college sports.

Kelley also cited improvements at Robinhood as a possible factor for the regression at Kalshi. Just before the NFL season, Robinhood took a minority stake in Crypto.com and struck a deal to begin routing NFL contracts to OG.com, the site’s regulated prediction market platform.

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In Sweden, Spelinspektionen recently flagged affiliates and social media as key channels for black market advertising and how affiliate networks redirect search traffic towards unlicensed operators.

Regulators have so far focused mainly on monitoring paid advertising. In Germany, the GGL credited an updated Google ad policy with reducing black market visibility. Yet, it acknowledged that illegal operators could still achieve visibility in organic search through SEO manipulation. 

This points to a wider shift towards addressing organic search signals and domain-level practices such as doorway pages, an issue also raised in the UK, where research has linked black market migration to search-driven promotion and SEO exploitation.

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As with PASPA, this matter revolves heavily around federalism versus states’ rights. Traditional sports betting is governed by individual state regulators with varying laws and regulations. Federal derivatives are regulated by the CFTC, which has fully embraced prediction markets under US President Donald Trump after rejecting them in previous administrations.

The web of lawsuits and court rulings involving prediction markets has greatly complicated the issue of jurisdiction. Kalshi has been forced to limit trading in multiple states, most notably Nevada, and the CFTC has gone to unprecedented lengths to protect its licencees. This includes suing nine states directly and issuing emergency orders to reject state mandates.

CFTC Chairman Michael Selig is currently the lone sitting commissioner for an agency that traditionally features a bipartisan group of five. Selig has repeatedly defended both the legitimacy of prediction markets as financial assets and the role of the CFTC in overseeing them. The CFTC under his direction has embarked on a series of rule proposals regarding prediction markets, although detractors argue that the proposed changes still allow for sports contracts and in some ways could be seen as a tightening of the belt to make a Supreme Court review look more favourable.