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For all the hoopla surrounding prediction markets and expectations that the industry will eat away at sportsbooks’ NFL handle this season, the old guard industry is expected to control nearly 80% of pro football wagers this year.

Eilers & Krejcik Gaming (EKG) estimates that bettors will plunk down $40.5 billion on the NFL this season through regulated channels. Traditional sportsbooks are projected to capture $31.7 billion of that total, compared to a handle analog of $8.4 billion for prediction markets—a 79% to 21% split in favor of legacy operators.

Handle analog is a metric used as a cleaner comparison between sportsbooks and prediction markets because the latter’s volume doesn’t compare evenly with sportsbook handle.

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“Speaking to various parties across the gambling field, it is clear that progress has been made in recent years. How has the conversation moved on from ‘Are we doing DEI?’, to ‘Is it improving our business, our culture and our ability to attract and retain great people?'” Mark Skinner, chief people officer at Allwyn Digital, asks.

He believes the conversation has matured and gambling companies are now expected to deliver measurable outcomes.

“Stakeholders increasingly want evidence that initiatives deliver meaningful outcomes rather than simply demonstrating good intentions,” Skinner suggests.

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The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.

There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.

“We’re calling on the Supreme Court to resolve this issue and recognise that Congress did not silently make the sports-betting industry immune from state law,” Davenport said in a statement.