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On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.
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.
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The Ministry of Finance stated that any approval, authorisation, payment notice or other act issued by a department without authorisation was “devoid of legal effect”, with operators still liable for fulfilling their obligations to the DRC’s Public Treasury.
The DRC is perceived by many as a gambling market with significant potential, owing largely to its population well in excess of 100 million people.
Yet tax collection continues to plague the sector’s progress.
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Initial reaction from investors was largely unfavourable. Genius shares plunged 13% on 18 Sept., falling 17% for the week. The data provider closed the session at $5.64 per share, well below the $6.19 price when it announced the Legend acquisition in February.
The launch of Prediction.com comes amid a strategic integration phase following Genius Sports’ acquisition of Legend.
It coincided with the beginning of the NFL season in the US, viewed as a peak commercial period for sports data monetisation. Genius also maintains partnerships with DraftKings and FanDuel, both of which signed extensions to remain as NFL partners ahead of this season.
