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From a regulatory perspective:
US gambling market = state-level regulation (with significant differences between states), high taxes (even a major fiscal resource for many states), heavy compliance, and many restrictions;
New prediction markets = financial derivatives exchanges, federal regulation (CFTC/SEC), nationwide access, unlimited scale, lighter tax regime.
In short: the boundaries of asset classes have never been about academic debate or philosophical definitions, but about the distribution of power between regulators and capital.
What are the structural differences?
Let’s clarify the objective facts: Why are prediction markets not gambling? Because at the most fundamental level, they are two completely different systems.
1. Price Formation Mechanism: Market vs. Bookmaker
The core difference is transparency: prediction markets have public order books and auditable data; gambling odds are calculated internally, invisible to users, and can be adjusted by the platform at any time.
2. Purpose: Entertainment Consumption vs. Economic Significance
Prediction markets generate real data with economic value, used for financial decision-making and risk hedging, and can even impact the real world—for example, media narratives, asset pricing, corporate decisions, and policy expectations.
The most well-known example is the US elections, where many media outlets use Polymarket data as a reference alongside polls.
3. Participant Structure: Speculative Gamblers vs. Information Arbitrageurs
Liquidity in gambling is consumption; liquidity in prediction markets is information.
This results in prediction markets having high information density and being forward-looking (e.g., on election night, before CPI releases). Liquidity is “active and information-driven,” with participants seeking arbitrage, price discovery, and information advantage. The essence of liquidity here is “informational liquidity.”
Liquidity lacks directional value; odds don’t become more accurate because of “smart money,” but through the bookmaker’s algorithmic adjustments. There is no price discovery; gambling markets are not designed to find real probabilities, but to balance the bookmaker’s risk. The essence is “entertainment consumption liquidity.”
4. Regulatory Logic: Financial Derivatives vs. Regional Gambling Industry
II. The Most “Superficially Similar” Example: Sports Prediction
Many articles discussing the differences between prediction markets and gambling focus only on social attributes like political trends and macro data, which are completely different from gambling platforms and easy for people to understand.
However, this article will use the most easily criticized example: “sports prediction” as mentioned at the beginning. In the eyes of many fans, prediction markets and gambling platforms look no different in this area.
But in reality, their contract structures are different.
Current prediction markets use YES/NO binary contracts. For example:
Will the Lakers win the championship this season? (Yes/No)
Will the Warriors win more than 45 games in the regular season? (Yes/No)
Or discrete range contracts:
“Will the player score over 30 points?” (Yes/No)
Essentially, these are standardized YES/NO contracts, each binary financial contract is an independent market, with limited structure.
Gambling platform contracts can be infinitely subdivided or even customized, such as:
Specific scores, halftime vs. fulltime, how many times a player shoots from the free-throw line, total three-pointers, two-leg parlays, three-leg parlays, custom parlays, spreads, over/under, odd/even, individual player performance, corner kicks, fouls, red/yellow cards, injury time, live betting (real-time odds every minute), etc.
Not only are they infinitely complex, but they are also highly fragmented event trees, essentially infinitely parameterized fine-grained event modeling.
Therefore, even in seemingly similar subjects, the differences in mechanism result in the four structural distinctions discussed earlier.
For sports events, the essence of prediction markets is still the order book, formed by buyers and sellers, market-driven, and fundamentally more like options markets. Settlement rules rely solely on official statistics.
On gambling platforms, odds are always: set/adjusted by the bookmaker, with a built-in house edge, and aimed at “balancing risk and guaranteeing the bookmaker’s profit.” Settlement rules are subject to the bookmaker’s interpretation, odds have ambiguous margins, and for fragmented events, different platforms may even have different results.
III. The Ultimate Question: A Power Reshuffle Over Regulatory Jurisdiction
The reason why capital is rapidly pouring billions into prediction markets is not complicated: what they value is not a “speculative narrative,” but a global event derivatives market not yet formally defined by regulation—a new asset class with the potential to stand alongside futures and options.
What holds this market back is an outdated and ambiguous historical issue: Are prediction markets financial instruments or gambling?
If this line isn’t clearly drawn, the market cannot develop.
Regulatory jurisdiction determines industry scale. This is an old Wall Street logic, now being applied to this new sector.
The ceiling for gambling is at the state level, meaning fragmented regulation, heavy tax burdens, lack of compliance uniformity, and institutional capital unable to participate. Its growth path is inherently limited.
The ceiling for prediction markets is at the federal level. Once included under the derivatives framework, they can leverage all the infrastructure of futures and options: global accessibility, scalability, indexability, and institutionalization.
At that point, it is no longer just a “prediction tool,” but a whole set of tradable event risk curves.
This is why Polymarket’s growth signals are so sensitive. During 2024–2025, its monthly trading volume has repeatedly exceeded $2–3 billion, with sports contracts becoming a core growth driver. This is not about “cannibalizing the gambling market,” but about directly competing for the attention of traditional sportsbook users—and in financial markets, attention migration is often a precursor to scale migration.
State regulators are extremely resistant to allowing prediction markets to fall under federal regulation, because this means two things happen at once: gambling users are siphoned away, and state governments’ gambling tax base is taken directly by the federal government. This is not just a market issue; it’s a fiscal issue.
Once prediction markets fall under CFTC/SEC jurisdiction, state governments not only lose regulatory power but also one of their “easiest and most stable” sources of local tax revenue.
Recently, this contest has become public. The Southern District Court of New York has accepted a class action lawsuit accusing Kalshi of selling sports contracts without any state gambling licenses and questioning whether its market-making structure effectively puts users in direct opposition to the house. Just days ago, the Nevada Gaming Control Board also stated that Kalshi’s sports “event contracts” are essentially unlicensed gambling products and should not be protected by CFTC regulation. Federal Judge Andrew Gordon even bluntly stated in a hearing: “Before Kalshi, no one would have considered sports bets to be financial instruments.”
This is not a product dispute; it is a conflict over regulatory jurisdiction, fiscal interests, and pricing power.
For capital, the issue is not whether prediction markets can grow; it’s whether they will be allowed to grow—and how big.