Who Regulates Prediction Markets? Coinbase Faces a Legal Test in the U.S.

  • Coinbase argues the Commodity Exchange Act gives the CFTC exclusive authority over event contracts.
  • Earlier cases involving Kalshi show courts have not definitively resolved the issue.
  • Rulings could shape how prediction markets and related financial products develop nationwide.

Coinbase has taken its dispute with U.S. regulators to court as it expands into prediction markets, filing lawsuits against authorities in Connecticut, Illinois, and Michigan.

The legal challenge centers on a fundamental question facing U.S. financial markets: whether prediction markets should be regulated federally as financial derivatives or treated by states as gambling products.

Coinbase asserts the answer is already settled in federal law.

State regulators disagree, creating a potential clash that could redefine oversight of markets tied to events, finance, politics, and real-world outcomes.

Jurisdictional battle emerges

The exchange’s argument is rooted in the Commodity Exchange Act, which grants the Commodity Futures Trading Commission authority over derivatives, including event contracts.

Coinbase contends that prediction markets listed on platforms supervised by the CFTC clearly fall within that framework.

From the company’s perspective, state efforts to enforce local gambling laws amount to regulatory overreach.

Paul Grewal, Coinbase’s chief legal officer, framed the lawsuits as a response to what the company sees as a direct conflict between federal authority and state enforcement.

Coinbase warns that allowing individual states to intervene risks creating a fragmented regulatory system that undermines national consistency. In that scenario, stricter jurisdictions could effectively block products that are federally approved across the country.

Gambling labels under scrutiny

A central issue in the litigation is how prediction markets are defined.

State regulators have chosen to classify them alongside sports betting and casino-style gambling.

Coinbase rejects that comparison, arguing the mechanics are fundamentally different.

Prediction markets operate as exchange-style venues matching buyers and sellers who hold opposing views about future events.

Prices are set by market demand, not by a house that sets odds.

Coinbase maintains that this structure aligns prediction markets with trading in derivatives, not with gambling, and places them under the federal commodities regime rather than state gambling statutes.

Federal oversight and compliance requirements

Coinbase also highlights the regulatory obligations attached to CFTC-supervised markets.

Those obligations include surveillance for manipulation, position limits, and ongoing compliance requirements designed to protect market integrity.

The exchange argues these safeguards already address many consumer-protection concerns raised by state regulators.

Ryan VanGrack, vice president of Coinbase’s legal department, has argued that state-level intervention risks duplicating or conflicting with federal oversight.

The company says forcing prediction markets to comply with local gambling rules disregards how federally regulated derivatives markets function and threatens uniform supervision.

Earlier litigation involving Kalshi has left unanswered questions, indicating courts may continue to play a decisive role in determining whether prediction markets fall under federal commodities law or state gambling regimes. The outcome of Coinbase’s cases could therefore influence the national trajectory of prediction markets and related financial products for years to come.