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– In the wake of a consequential ruling by the US Court of Appeals for the Ninth Circuit against Kalshi, two operators are taking separate paths in an effort to overturn the decision. On 28 August, the Ninth Circuit ruled in a 3-0 decision that sports event contracts do not qualify as federally regulated swaps under the Commodity Exchange Act. Earlier this week, Kalshi filed for an en banc re-hearing with the Ninth Circuit, this time before an 11-judge review. Robinhood, meanwhile, filed a petition of certiorari with the Supreme Court in a move to effectively bypass the Ninth Circuit. It is widely believed that a circuit split between the Ninth Circuit and a separate decision by the Third Circuit will prompt the Supreme Court to take up the case.

– Real App, a social sports app built around live play-by-play, named FanDuel as its first prediction market partner. The partnership brings FanDuel’s odds and contextual markets directly into the app’s live sports experience. Fanatics Sports & Casino is adding some upgrades to its Fair Play offering. Among the changes, Fanatics has added first-half injury protection for player props. The option proved to be valuable for fans in Wednesday’s opener when Seattle Seahawks quarterback Sam Darnold left the game after the team’s fifth offensive play.

– According to the American Gaming Association, an estimated $40 billion will be wagered on the NFL via prediction markets this year. Last week, on the first full day of the 2026 college football season, Kalshi reported nearly $250 million in trading activity on college football.

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Here, advertising for online betting sites is positioned differently. Presented as news, the content talks about the highest odds on the market, features offered by operators, regulatory changes and various cases of bettors, ranging from those who made huge financial gains to those who lost everything. 

It is very common among the different profiles identified to refer to regulatory bodies, such as the National Advertising Self-Regulation Council and SIGAP (Brazil’s betting management system). They also speak of responsible gaming in a generic way. In many cases, this is associated with illegal operators and potentially irregular advertising practices.

In this context, the regulations developed to protect players begin to function as a means of legitimisation, with illegal operators even using the term “authorised” in their communication and the “.bet” extension in their domain, which is intended only for licensed operators.

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With all that in mind, it’s not surprising that Macquarie expects sports event contracts will drive approximately 80% of taker volume this year, but Beynon sees other categories growing over the long term.

“We expect non-sports categories such as economics, politics, crypto, and entertainment to gain share over time,” says the analyst.

Prediction market operators are on legal losing streaks, confirming that Beynon is onto something when he says the regulatory environment is the biggest risk facing the industry.