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“We continue to view regulation as the largest risk to prediction markets,” says the analyst. “While industry growth remains robust, adverse legal outcomes could materially impact sports contract availability and long-term adoption.”
Amid a string of losses in federal appellate courts, it appears increasingly prediction markets are angling to take their cases to the U.S. Supreme Court, banking that the high court will allow them to continue offering sports event contracts free of state gambling regulations.
Some legal experts and members of the investment community believe it’s possible the Supreme Court could hear a prediction market case at some point over the next six or seven months.
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Union deals have been a pressing topic for casino operators in recent years. Workers have pressed for increased benefits and job security provisions in the wake of macroeconomic uncertainty and the advent of potentially disruptive technologies like AI.
All nine of Atlantic City’s casinos agreed to new labour deals this summer without a strike, although its union opted for just one-year deals instead of the typical length of three or more years. This was in response to increased uncertainty related to looming competition from both New York City casinos and New Jersey’s own online gaming industry.
In Las Vegas, the Culinary Union has unionised the entire Las Vegas Strip and secured historic wage increases during the last round of negotiations. Those deals are about halfway done now, and Culinary is no stranger to strikes, having used them as leverage to secure new deals in the run-up to the inaugural Formula One Las Vegas Grand Prix in 2023 and and Super Bowl the following February.
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Kendrick sees a warning in the history of betting exchanges. In their early growth phase, there was sufficient retail liquidity for numerous market makers to profit. As that retail pool weakened, the sharper firms increasingly found themselves trading against one another.
His analogy is a poker table at which the weaker participants sustain the game. If those players disappear, the fourth-best professional at the table can suddenly become a loser because only the three strongest remain.
The US addressable market is vastly larger and customer recruitment remains strong. Marantelli says Kalshi increased its number of clients fivefold during the World Cup, while White Swan predicts that NFL prediction markets could generate between $5 billion and $7 billion of liability in a single week.