CME lawsuit challenges whether Kalshi’s Bitcoin leverage push can become an everything-exchange

The CFTC approved KalshiEX’s BTCPERP contract on May 29, one day after Kalshi submitted it under Regulation 40.3.

The contract references spot Bitcoin, carries no expiry date, and perps generally allow leverage as high as 50-to-1, with automatic liquidation that can wipe out positions during sharp moves.

CME CEO Terry Duffy announced the company would sue the CFTC, arguing the regulator misclassified the product. As The Wall Street Journal reported, CME’s complaint holds that Kalshi’s perps should have been classified as swaps, which would have subjected them to stricter Dodd-Frank rules.

Kalshi has already recorded over $5 billion in perp volume since launch, with shares of CME, Cboe, and ICE falling on the approval, as investors read the CFTC’s decision as a long-term competitive threat to incumbent exchanges.

That market reaction reveals why CME’s objection rests as much on competitive logic as on consumer protection. Kalshi started as a platform where users trade event contracts, such as on Fed rate-cut odds or who will win the election.

Adding regulated Bitcoin perps pulls Kalshi toward the same retail derivatives screen that CME has spent decades building. The lawsuit is CME’s attempt to use the courts to slow that expansion before it becomes structural.

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Wider pushback

The Futures Industry Association (FIA) and its Principal Traders Group told the CFTC that perpetual derivatives raise questions about trading and clearing risk, urging the agency to establish clearer definitions and a formal rulemaking process before approving more such products.

A bipartisan coalition of 41 attorneys general told the CFTC that sports-related event contracts should stay under state authority, arguing that platforms like Kalshi and Polymarket are operating as unregulated sportsbooks.

The CFTC’s prediction market comment docket includes the American Gaming Association, state gaming boards in Arizona, Illinois, Maryland, and Michigan, the Indian Gaming Association, Major League Baseball, and the NBA.

The CFTC proposed new event-contract rules on June 10, with comments due July 27, and on June 12 sued New Mexico to block state gaming enforcement against CFTC-registered contract markets, citing similar conflicts in Arizona, Connecticut, Illinois, New York, Minnesota, Rhode Island, and Wisconsin.

CME’s derivatives classification argument, the attorneys general’s defense of state gaming authority, FIA’s process objections, and the gaming industry’s sportsbook framing each come from different institutional interests while targeting the same expansion.

Platforms are bundling tradable markets across categories that incumbents and regulators have kept separate for decades.

The convergence is already happening

Kalshi and Coinbase brought regulated crypto perps onshore, marking the first time such products were available to US investors through domestic regulated exchanges.

Polymarket’s website advertises perps directly, with early-access invitations now live.

Hyperliquid, which built its user base on crypto perpetual futures, moved through HIP-4 to add outcome markets for off-chain events, including US inflation data and Federal Reserve decisions, allowing users to trade prediction-style contracts alongside crypto derivatives in one account.

Each platform followed the same underlying product logic independently, as perps generate continuous leverage-driven volume, event contracts generate media-driven attention spikes, and a platform hosting both captures both revenue streams.