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Its failure also leaves unresolved disputes over prediction markets and state and tribal gaming authorities, outside a comprehensive congressional framework. Those issues took on new significance during Senate floor debate over the bill, as concerns about federal commodities oversight extended to markets typically regulated at the state or tribal level. 

The latest filing is an early step in filling some of that regulatory gap for the CFTC. The agency can issue regulations under its current statutory authority, but those regulations would not necessarily be as permanent as legislation passed by Congress. 

For now, the important news is that the CFTC has officially started the administrative process. Only once the rulemaking progresses and the underlying proposal is available for public review will the extent of its eventual crypto framework become clear.

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Kelley also cited improvements at Robinhood as a possible factor for the regression at Kalshi. Just before the NFL season, Robinhood took a minority stake in Crypto.com and struck a deal to begin routing NFL contracts to OG.com, the site’s regulated prediction market platform.

A 40% weekly increase at Crypto.com combined with the attrition at Kalshi may reflect the enormity of the Robinhood deal, according to Kelley.

With all activity, beyond just football, Crypto.com recorded trading volume of $350 million for the week, figures from The PM Pulse show. The newsletter, which is in partnership with Aldrin Research for monitoring industry trends, indicated that Crypto saw weekly growth of 41%. While Kalshi and Polymarket accounted for more than $15 billion in weekly volume, four others recorded activity of at least $300 million. Buoyed by a popular Sydney Sweeney ad, Novig increased volume by nearly 34% on the week.