"“If it talks like a duck and quacks like a duck, it must be a duck.” That phrase is not reserved for ducks. It is often invoked about prediction markets,
where some view them as akin to gambling. Prediction markets, after
all, are exchanges where participants buy and sell contracts tied to
future events, including elections, economic data releases, and
regulatory decisions.
The similarities to gambling are easy to see. Both involve risk and
uncertainty. Both can result in gains or losses depending on whether
participants correctly anticipate future events. People put money on
uncertain outcomes, some participants are chasing profits, and winners
collect at the expense of losers. To many, that sounds a lot like
gambling.
If that were the full picture, calling prediction markets gambling
would be reasonable. Indeed, that perception has fueled calls for
greater scrutiny, including the Commodity Futures Trading Commission’s
(CFTC) recently proposed framework to clarify the regulatory treatment of prediction markets.
At the same time, states including Nevada, New Jersey, and Maryland have argued
that prediction markets must cease and desist or obtain casino-style
gambling licenses to operate within their borders. Platforms such as
Kalshi dispute that view and argue that federal regulation by the CFTC
preempts state gambling laws, with courts so far issuing mixed rulings.
But stopping at the similarities obscures the features that matter
most. The question is not whether prediction markets resemble gambling
in some respects, but whether those similarities are their most salient
features.
There is a reason why “the house always wins” is an adage for
casinos: most gambling institutions are structured around a house that
profits regardless of the outcome. The house acts as the counterparty
to bettors and sets odds designed to ensure a profit margin, commonly
known as the “vig.” This built-in advantage means the casino’s interests
are fundamentally at odds with those of its customers.
Prediction markets operate differently because participants trade
with one another in a peer-to-peer exchange, meaning that market
participants take opposite sides
of a contract instead of wagering against a bookmaker. While platforms
may charge transaction fees, they do not take directional positions on
outcomes or profit when users lose. Instead, they function as neutral
marketplaces that match opposing views about future events.
Because of this structure, prices emerge from
continuous competition among traders with differing information and
beliefs. As new information arrives, participants can adjust or exit
positions, allowing expectations to be rapidly incorporated into prices.
In structure and operation, this mechanism more closely resembles a
futures exchange than a casino floor — a distinction recognized in a CEI-led coalition letter on prediction market regulation.
The distinction between prediction markets and gambling becomes
clearer when examining their economic function. Like most financial
markets, they attract risk-takers who speculate on differences in
expectations in search of profit.
That alone does not make prediction markets equivalent to gambling. These speculators play an essential role
in stock, commodity, and futures markets by providing liquidity and
improving price discovery. This structure shapes how prediction markets
incorporate dispersed information.
Prediction markets can also serve a hedging function. Hedging is the practice
of reducing exposure to risk by taking a position that gains value if
an adverse outcome occurs. As CEI Director of Finance Policy John Berlau
notes,
businesses and organizations exposed to political, regulatory, or
economic risks can use prediction markets to take positions that offset
uncertainty in those areas, much like a farmer can hedge against crop
failures or an airline can hedge against fuel price volatility.
In this respect, prediction markets more closely resemble other
financial markets, such as futures, options, and foreign exchange
markets.
Yet risk transfer is only part of the story. Unlike the recreational
activity of gambling, prediction markets generate a powerful asset:
real-time forecasting data. As Berlau has noted,
prediction markets allow participants to translate dispersed knowledge
about elections, sports, and other events into prices that reflect
collective expectations.
Empirical research finds that these prices are as accurate as — and in many cases more accurate than
— polls, expert judgment, and alternative forecasting methods in
high-liquidity markets. The accuracy of these forecasts depends on the
process of price discovery through which new information is incorporated into prices.
A London Business School study found that
about 3 percent of traders account for most price discovery. That does
not mean that the other 97 percent of traders are unhelpful. On the
contrary, the remaining traders provide the liquidity necessary to
maintain prediction markets and incorporate information into prices.
This structure closely resembles equity, foreign exchange, and
commodity futures markets, where a small group of informed traders sets
marginal prices while broader participation facilitates price discovery.
By aggregating dispersed information into a single market signal,
prediction markets can help traders, businesses, policymakers, and the
public make better-informed decisions in the face of uncertainty.
The debate over prediction markets is not ultimately about wagering
but about whether policymakers will regulate an institution according to
its appearance or its function. Prediction markets transfer risk,
aggregate information, and generate forecasts that can improve
decision-making across society.
Treating them as gambling risks imposing regulatory burdens that
could limit experimentation, forecasting innovation, and the development
of new information markets. When regulators mistake a forecasting tool
for a casino game, innovation becomes the first casualty."