The CFTC proposal directly addresses event contracts involving sporting events and establishes a framework to determine whether such contracts constitute prohibited 'gaming' under federal law.
The proposal's broader scope includes defining 'gaming' and evaluating various enumerated activities, making it relevant to gambling regulation more generally, though the sporting events focus is primary.
Topic
The update describes a proposed regulatory framework for evaluating event contracts, but lacks concrete gambling-specific obligations, enforcement actions, or direct regulatory requirements applicable to gambling operators.
The proposal may eventually establish new conditions for CFTC-registered entities listing event contracts, though the current notice is consultative rather than prescriptive.
2026-06-11 11:21:08·zbirnbaum@vixio.com
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The Commodity Futures Trading Commission today published a Notice of Proposed Rulemaking seeking public comment on amendments to CFTC Regulation 40.11 and the addition of Appendix F to part 40.
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TITLE: Commodities Futures Trading Commission Seeks Public Comment on Event Contracts Involving Enumerated Activities
BODY:
On June 10, 2026, the Commodities Futures Trading Commission (CFTC) published a Notice of Proposed Rulemaking seeking public comment on amendments to CFTC Regulation 40.11 and the addition of Appendix F to part 40. The proposal establishes a structured framework for evaluating whether event contracts listed for trading by CFTC-registered entities involve activities enumerated in Section 5c(c)(5)(C) of the Commodity Exchange Act.
The CFTC observed growth in the number and variety of event contracts listed for trading, including contracts referencing sporting events. Section 5c(c)(5)(C) of the Commodity Exchange Act prohibits contracts involving terrorism, assassination, war, gaming, or conduct unlawful under federal or state law. The proposal sets out a 90-day review process with critical procedural protections and establishes a set of public interest factors the Commission would apply on a contract-by-contract basis. The proposal also defines key statutory terms, including "involve" and "gaming." CFTC Chairman Michael S. Selig said the proposal gives the Commission "a durable, transparent framework to identify the contracts Congress directed us to scrutinize while letting legitimate markets move forward." The rulemaking is narrowly tailored to address one aspect of an Advanced Notice of Proposed Rulemaking relating to prediction markets that the Commission published in March 2026, which may lead to further rulemaking.
The comment period for this Notice of Proposed Rulemaking is 90 days from publication. Responses can be submitted through the CFTC's website. The proposal affects CFTC-registered entities listing event contracts for trading.
CFTC Seeks Public Comment on Notice of Proposed Rulemaking Concerning Event Contracts Involving Enumerated Activities | CFTC /PressRoom/PressReleases/9249-26 Skip to main content Release Number 9249-26 CFTC Seeks Public Comment on Notice of Proposed Rulemaking Concerning Event Contracts Involving Enumerated Activities June 10, 2026 WASHINGTON — The Commodity Futures Trading Commission today published a Notice of Proposed Rulemaking seeking public comment on amendments to CFTC Regulation 40.11 and the addition of Appendix F to part 40. The Commission has continued to observe growth in the number and variety of event contracts listed for trading by CFTC-registered entities, including contracts referencing sporting events. In light of these developments, the proposal would establish a structured framework for evaluating whether such contracts involve an activity enumerated in Section 5c(c)(5)(C) of the Commodity Exchange Act —activity that involves terrorism, assassination, war, gaming, or conduct that is unlawful under federal or state law—and, if so, whether that contract is contrary to the public interest. “The CFTC will protect the integrity of our regulated markets without standing in the way of responsible innovation,” said CFTC Chairman Michael S. Selig. “This proposal gives the Commission a durable, transparent framework to identify the contracts Congress directed us to scrutinize while letting legitimate markets move forward.” In March, the Commission published an Advanced Notice of Proposed Rulemaking relating to prediction markets. This NPRM is narrowly tailored to address one aspect of that ANPRM and that ANPRM may lead to further rulemaking. The proposal sets out a 90-day review process ensuring critical procedural protections and a set of public interest factors the Commission would apply on a contract-by-contract basis. The proposal also defines key statutory terms, including “involve” and “gaming.” -CFTC- RELATED LINKS Prediction Markets; Public Interest Determinations