CFTC pushes back against CME challenge to perpetual futures policy

Agency argues derivatives giant lacks legal standing to block new perps market

By LineZotpaper
Published
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The U.S. Commodity Futures Trading Commission has filed a court brief arguing that CME Group has not shown it is being harmed by the agency's new policies allowing perpetual futures, and therefore lacks legal standing to challenge them. The filing escalates a dispute that could determine the future of the popular crypto derivatives in the United States.

The CFTC opened the door to perpetual futures in the U.S. in May, approving the first bitcoin perp from Kalshi and signaling it was open to reviewing more such contracts. Perps, which allow traders to speculate on an asset's price with leveraged positions and have no built-in expiration, have become a major form of crypto derivatives overseas.

CME Group, the dominant global derivatives exchange, objected in court, arguing that perpetual futures are actually swaps, not futures, and should be regulated differently. The CFTC has now responded, arguing in a brief filed Friday that CME cannot show it faces imminent financial injury from increased competition.

"Allegations of increased competition, without any plausible inference of an imminent financial injury," do not give CME legal standing, the agency said. It noted that CME's crypto futures volumes have actually risen since the policy shift. The CFTC also pointed to what it called contradictory statements from CME, saying the exchange has told investors it has not heard demand for perps and that they are not substitutes for its futures. "CME cannot have it one way with the court and another way with the investing public on earnings calls," the agency argued.

Policy analyst Jaret Seiberg of TD Cowen said in a Monday client note that CME may still have an edge on standing and on its argument that perps are swaps. But he expressed concern about the growth of the perps market while litigation proceeds. "If this growth continues, it could create complications in trying to unwind this market if the CME prevails in the lawsuit," Seiberg wrote.

The CFTC had previously asked a federal judge to dismiss CME's case last month. The latest filing details the agency's case against CME's standing.

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Analysis

Why This Matters

  • The outcome of this case will determine whether perpetual futures can operate in the U.S. under futures regulation, potentially reshaping a market worth billions overseas.
  • A ruling against CME could accelerate domestic perps trading, while a win for CME may force a regulatory rethink or an unwind of existing contracts.
  • The dispute also tests the limits of the CFTC's authority under the Trump administration's crypto-friendly agenda.

Background

Perpetual futures ("perps") are derivative contracts that let traders bet on the price of an asset with leverage. Unlike traditional futures, they have no expiry date. They have become a dominant trading instrument in crypto markets outside the U.S. In May, the CFTC approved the first bitcoin perp from Kalshi, signalling a new regulatory approach. CME, which runs the world's largest derivatives exchange, sued to block the policy, arguing perps are swaps rather than futures and fall under different rules. The CFTC is now seeking dismissal of the lawsuit.

Key Perspectives

CFTC: The agency argues that CME has not demonstrated actual harm from increased competition, and that CME's own public statements to investors contradict its legal claims. It says perps can be regulated as futures on a case-by-case basis. CME Group: The derivatives giant contends that perpetual futures are swaps, not futures, and should be subject to different regulatory treatment. It has not yet filed its full legal response to the CFTC's latest brief. Analysts and Market Observers: Policy analyst Jaret Seiberg at TD Cowen suggests CME may still have a credible case on both standing and the swaps argument, but warns that rapid growth of the perps market during litigation could complicate any potential unwinding if CME prevails.

What to Watch

  • The federal judge's ruling on the CFTC's motion to dismiss CME's case, expected in coming months.
  • Volume growth in U.S. perps trading while the lawsuit proceeds; a large market could create pressure against any future ban.
  • Any legislative or executive action from the White House or Congress that might clarify the classification of perpetual futures.

Sources

Checked

12 claims in this story checked against 1 source: 12 supported.

Show each claim
  1. SupportedCFTC pushes back against CME challenge to perpetual futures policyCoinDesk: Bitcoin, Ethereum, Crypto News and Price Data: “U.S. CFTC rebuffs CME legal stance in consequential fight over perpetual futures”
  2. SupportedAgency argues derivatives giant lacks legal standing to block new perps marketCoinDesk: Bitcoin, Ethereum, Crypto News and Price Data: “The CFTC filed a brief in court arguing that the derivatives giant hasn't shown it's being harmed...and without harm, it doesn't have legal standing.”
  3. SupportedThe U.S. Commodity Futures Trading Commission has filed a court brief arguing that CME Group has not shown it is being harmed by the agency's new policies allowing perpetual futures, and therefore lacks legal standing to challenge them.CoinDesk: Bitcoin, Ethereum, Crypto News and Price Data: “The CFTC filed a brief in court arguing that the derivatives giant hasn't shown it's being harmed by the government's new push into perpetual futures, and without harm, it doesn't have legal standing.”
  4. SupportedThe filing escalates a dispute that could determine the future of the popular crypto derivatives in the United States.CoinDesk: Bitcoin, Ethereum, Crypto News and Price Data: “The future of perps in the U.S. may be at stake as the CFTC argues...”
  5. SupportedThe CFTC opened the door to perpetual futures in the U.S. in May, approving the first bitcoin perp from Kalshi and signaling it was open to reviewing more such contracts.CoinDesk: Bitcoin, Ethereum, Crypto News and Price Data: “The U.S. Commodity Futures Trading Commission threw open the doors for perpetual futures in the U.S. in May, approving the first bitcoin perp from Kalshi and suggesting that it was open for business...”
  6. SupportedCME Group, the dominant global derivatives exchange, objected in court, arguing that perpetual futures are actually swaps, not futures, and should be regulated differently.CoinDesk: Bitcoin, Ethereum, Crypto News and Price Data: “But the CME Group objected in court... has insisted the contracts are not futures... They're really swaps... entirely different regulatory approach.”
  7. SupportedThe CFTC has now responded, arguing in a brief filed Friday that CME cannot show it faces imminent financial injury from increased competition.CoinDesk: Bitcoin, Ethereum, Crypto News and Price Data: “the agency said in a brief filed on Friday... Allegations of increased competition, without any plausible inference of an imminent financial injury”
  8. Supported"Allegations of increased competition, without any plausible inference of an imminent financial injury," do not give CME legal standing, the agency said.CoinDesk: Bitcoin, Ethereum, Crypto News and Price Data: “"Allegations of increased competition, without any plausible inference of an imminent financial injury, don't give CME the legal standing to challenge the CFTC's actions," the agency said in a brief filed on Friday”
  9. SupportedIt noted that CME's crypto futures volumes have actually risen since the policy shift.CoinDesk: Bitcoin, Ethereum, Crypto News and Price Data: “noting that volume in crypto futures at the CME has actually risen since its policy shift.”
  10. Supported"CME cannot have it one way with the court and another way with the investing public on earnings calls," the agency argued.CoinDesk: Bitcoin, Ethereum, Crypto News and Price Data: “"CME cannot have it one way with the court and another way with the investing public on earnings calls," the CFTC contended in its brief.”
  11. SupportedPolicy analyst Jaret Seiberg of TD Cowen said in a Monday client note that CME may still have an edge on standing and on its argument that perps are swaps.CoinDesk: Bitcoin, Ethereum, Crypto News and Price Data: “Jaret Seiberg, a policy analyst at TD Cowen, argued in a Monday client note that CME may still have the edge, in both its standing as a competitor and its argument that perps may be appropriately treated as swaps.”
  12. Supported"If this growth continues, it could create complications in trying to unwind this market if the CME prevails in the lawsuit," Seiberg wrote.CoinDesk: Bitcoin, Ethereum, Crypto News and Price Data: “"If this growth continues, it could create complications in trying to unwind this market if the CME prevails in the lawsuit."”

Zotpaper

Written by Harper Lane on the Tech & AI desk. Claims checked by Ines Fairley, verification. Read for legal risk by Marcus Hale, legal. Edited by Angus Burke, chief sub.

1 source12 of 12 claims matched to a sourcefirst published 20 Oct, 3:44 am
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