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The investment banking and capital markets firm Jefferies said in a September report that sports had become prediction markets’ “most important liquidity driver”, with combo and parlay-style contracts accounting for an increasing share of activity. But the analysts cautioned that prediction markets are scale businesses with relatively low revenue yields, leaving their economics dependent on sustained liquidity, engagement and trading activity.

James Monk, founder of sports data and streaming provider Catalist Sports, has witnessed that dependence directly. Catalist supplies ITF tennis data to Kalshi and Polymarket and has an exclusive US sports-streaming agreement with Kalshi.

The company must also provide data to the firms making markets on those events.

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Following the vote, IGA Chairman David Bean said in a statement that the Senate “did the right thing” by not advancing the bill. The Clarity Act “could have expanded CFTC commodities authority” without clear protections, Bean said, but he cautioned that “it is not the end of this fight”.

The AGA declined to comment Thursday, and directed iGB to the June letter.

The failure to secure passage of the bill is a stinging defeat for both crypto-connected prediction operators and the CFTC, which has fully embraced the advance of digital assets under Chairman Michael Selig. Interest groups and political action committees had spent countless hours and millions of dollars lobbying for the legislation.

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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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