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CFTC rejects CME claim of harm from first U.S. bitcoin perp

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The CFTC says CME has not demonstrated that its approval of a first U.S. bitcoin perpetual future is harming the exchange. The dispute could shape how U.S. regulators treat perpetual futures and CME’s competitive position in crypto derivatives.

The story

The Commodity Futures Trading Commission is pushing back against CME’s legal position in a dispute over perpetual futures, arguing that the exchange has not shown the agency’s approval of a first bitcoin perpetual future is harming it. The disagreement puts the treatment of perpetual contracts in the U.S. at the center of the case.

The matter follows the CFTC’s approval of the first bitcoin perpetual future in the U.S., a policy step that CME is challenging. The agency’s argument focuses on the effect of that approval on CME rather than accepting that the exchange has already demonstrated competitive or commercial harm.

For CME, the mechanism is its crypto-derivatives business and the regulatory framework governing products that can trade without a conventional expiry. For the CFTC, the case bears on how far its policy can extend as new perpetual-futures products enter the U.S. market.

The legal dispute remains unresolved, and the outcome could turn on whether CME can establish the harm required for its challenge. The next material developments are further court proceedings and any regulatory or judicial decision on the CFTC’s approval framework.

Our take

1 / 6
Our read · Oct 19

The CFTC says CME has not shown harm from approval of the first U.S. bitcoin perpetual future.

Why

The legal outcome could affect CME’s crypto-derivatives competitive position, but the immediate record is balanced: the CFTC disputes CME’s showing of harm while the broader policy question remains unresolved. CME’s FY2025 revenue was $6.5B, up 6.4% YoY, with a 62.5% net margin, so the case is strategically relevant without establishing a material near-term earnings effect.

What could change this view

A court could reject CME’s challenge or leave the CFTC’s approval framework intact, limiting any change to CME’s competitive position.

▲ The case it holds

CME’s challenge could gain force if the court finds that approval of a competing bitcoin perpetual future undermines the exchange’s regulated crypto-derivatives position.

▼ The case it breaks

The CFTC’s position is that CME has not demonstrated harm, leaving the legal challenge without a clear remedy on the facts currently established.

Your side is graded privately against closes after 10 trading days. Research, not advice.

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Reported by CoinDesk as U.S. CFTC rebuffs CME legal stance in consequential fight over perpetual futures, . Who answers for this

Prices: 1D EOD · OCT 16 CLOSE, licensed end-of-day data.

Source: CoinDesk · Published here MON, OCT 19 · 12:47 PM ET · the only report in this record · How this is decided →

Photo: Stock photo · Rafael Minguet Delgado

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