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“It was still very much a trading kind of UX,” he said of Kalshi at the beginning of the year. “The actual product offering has come a long way.”

Andrew Gonzalez, founder of prediction market infrastructure startup ParlayX, believes the ability of small teams to provide liquidity is one of the sector’s defining features. “Anyone can be a market maker,” he said. “You have these two- or three-man shops.”

Jefferies described market makers as the ecosystem’s “liquidity backbone”. They post executable bids and offers, manage inventory and provide prices when customer activity is heavily weighted to one side.

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As the NFL season begins, a state in close proximity to the New England Patriots became the latest to attempt to curb the influence of the trading platforms. On 10 September, one day after the Pats’ season-opening loss to the Seattle Seahawks, Connecticut Governor Ned Lamont addressed the growth of the markets during a speech in downtown Hartford. On the same day, the Connecticut Department of Consumer Protection issued cease-and-desist orders to nine unregulated operators, including Polymarket, Robinhood and Underdog Predict.

“Prediction markets have branded themselves as legal and safe, but the reality is they are not adhering to Connecticut’s consumer protection standards,” Lamont wrote in a statement.

While such orders have become customary around the nation this year, Connecticut’s missive took it one step further. The department also issued nearly 30 subpoenas to licensed gaming service providers and a bevy of media outlets. Those issued subpoenas include ones served to PayPal, Sportradar Solutions and Plaid, a payment processing app that holds a gaming licence. Although those companies are not under investigation, the subpoenas appear to be the first against service providers that conduct business with prediction markets in some form.

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A lot of bigger questions remain without the CLARITY Act. The bill aimed to establish a federal framework for digital commodities and delineate the roles of the SEC and the CFTC. 

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.