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The rejection of the Clarity Act can be viewed as a victory for gaming stakeholders in their fight against prediction markets, which are closely intertwined with the crypto world. Crypto markets have long been the second-largest category of prediction market trading, behind sports, and many crypto exchanges also now offer predictions. These include Crypto.com, Coinbase, Gemini and many others.
On 16 June, a coalition of gaming lobby groups, state associations and labour unions sent a letter to the Senate urging lawmakers to include language in the bill banning sports and casino-related contracts. Among the signatories were the American Gaming Association, the Indian Gaming Association, the Association of Gaming Equipment Manufacturers and the UNITE HERE unions.
“Litigation may eventually clarify the law, but this is ultimately a question of congressional intent. Congress should not wait while this nationwide expansion of gambling continues,” the letter said. “It should use crypto legislation to reaffirm a simple principle: sports betting falls outside the CFTC’s remit and cannot be offered through prediction market platforms.”
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The majority of parties, including those representing the ChristenUnie, PRO and SGP, all voiced their opinions that increased enforcement against black market operators should be carried out.
Members pushed the government for further action to block illegal websites, in the same way it provides power to quickly address terrorist and child pornography sites.
Members advocated for stronger powers to be given to Kansspelautoriteit (KSA), the regulator of gambling in the Netherlands, with tougher action taken against payment providers, social media sites and affiliates that facilitate illegal gambling.
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The competition between prediction markets and sportsbooks is intense and there is some evidence that the former is encroaching on the latter’s customer base.
A survey by Fullstory, a behavioral data analytics company, says that amid the evolution of yes/no exchanges, 60% of bettors said prediction markets are altering how they use sportsbooks with 35% admitting that they’ve reduced usage of traditional sports wagering platforms as access to sports event contracts increased.
“Consumers are being presented with more options for how they can participate in online gaming, creating a more competitive landscape where a seamless digital experience is increasingly becoming part of the value proposition,” said Jason Wolf, president of Fullstory, in a statement. “The brands that understand how consumers are navigating, comparing, and engaging with their platforms in real-time can identify where friction is getting in the way of trust and retention.”
