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CME's Legal Battle Over Bitcoin Futures Erupts
19 Jun
Summary
- CME sues regulator over approval of regulated crypto perpetual futures.
- The lawsuit hinges on classifying Bitcoin perps as swaps, not futures.
- Perpetual futures threaten CME's business model based on contract expiration.

The country's dominant derivatives exchange, CME, has initiated a lawsuit against the CFTC over the latter's recent approval of regulated crypto perpetual futures. CME contends that Kalshi's Bitcoin perpetual futures should be classified as swaps, a designation that would subject them to a more restrictive, institution-focused rulebook.
This legal challenge stems from the financial implications of perpetual futures, which do not expire. Unlike traditional futures contracts that require traders to roll over their positions, generating fees for CME, perpetuals allow indefinite holding. This operational difference threatens CME's established business model, which relies on the revenue generated from contract expirations and rollovers.
The CFTC has dismissed CME's lawsuit as "frivolous," expressing confidence in its dismissal. The broader context involves existing unease among major exchanges like CME and ICE regarding the proliferation of perpetuals, fueled by the opening of a compliant trading path for Americans. This development poses a direct competitive threat to incumbent exchanges.