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CME Plans to Sue the CFTC Over Its Perpetual Futures Approval as a Michigan Judge Rebuffs the Agency on Prediction Markets

CME Group says the products are swaps under Dodd-Frank and plans to challenge the approval after Kalshi expanded perps into crypto markets.

  • On Thursday, CME Group Inc. announced it will sue the Commodity Futures Trading Commission over the agency's approval of perpetual futures; outgoing CME Group CEO Terrence Duffy confirmed the litigation on Wednesday.
  • Duffy contends the approved products are actually swaps, not futures, under the Dodd-Frank Act, arguing these contracts involve two parties exchanging payments and require different regulatory standards.
  • During a Wednesday interview, Duffy claimed the CFTC is "misrepresenting certain facts," pointing to a 24/7 trading release described as a rule when it was not, as CME Group challenges the Kalshi approval.
  • Separately, a Michigan District Court judge ruled that sports prediction markets fall outside CFTC jurisdiction, complicating the agency's expansion under the Trump administration using the Dodd-Frank Act.
  • With Sixth Circuit courts split, an appeals court will review the matter next month, with the Supreme Court likely serving as the final arbiter, while Duffy steps down next year.
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CME CEO Terrence Duffy says the exchange operator will sue CFTC over perpetual futures

Outgoing CME CEO Terrence Duffy said that the exchange operator will sue the CFTC over the agency’s decision to approve perpetual futures.

·Englewood Cliffs, United States
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Reuters broke the news in New York, United States on Wednesday, June 17, 2026.
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