FanDuel’s recent announcement of a partnership with derivatives marketplace CME Group has raised concerns among Nevada gaming regulators, who fear the potential legal and regulatory complications of entering the prediction market space. The deal, unveiled on Wednesday, August 20, outlines plans to offer contracts on economic indicators such as stock prices, gold, and other commodities — but without an explicit mention of sports-related contracts.

FanDuel’s Partnership With CME Group Draws Scrutiny

By Thursday, less than 24 hours after the announcement, the Nevada Gaming Control Board (NGCB) began pressing for answers. During a meeting in Las Vegas, NGCB Commissioner Brian Krolicki questioned Flutter Entertainment’s private counsel Erica Okerberg and FanDuel’s Senior Vice President of Public Policy and Sustainability, Cory Fox, about the scope of the partnership and its future implications.

Okerberg clarified that while discussions are ongoing, no final decisions have been made about the types of contracts that will be offered, the jurisdictions where they might launch, or the timeline for a rollout. “Those could range from traditional commodities like gold, and then, of course, they are looking into and considering whether sports contracts might be something that could be offered in certain jurisdictions in compliance with those local laws,” she said, adding that all operational decisions would be reviewed with the NGCB before implementation.

FanDuel’s announcement comes at a time when Nevada is already in litigation with other operators over event-based contracts. The NGCB is currently in legal disputes with prediction market firm Kalshi and its partner Robinhood, both of which argue that their operations fall under the authority of the Commodity Futures Trading Commission (CFTC), not state regulators.

Krolicki emphasized the tension between state and federal oversight, noting, “I want to be very mindful and courteous as you all have been a great licensee, but you’re moving in the direction of CFTC oversight. I think you understand that we are in a position of litigation.” He added that reconciling the conflicting requirements of state and federal regulators is “not possible today,” underscoring the sensitivity of the situation.

As reported by SBC Americas, Chair Jennifer Togliatti also addressed the issue with a lighthearted but pointed comment: “What I think I’ve heard is, ‘We’ll run it by compliance and we’ll talk to you first before we sue you in federal court, or at least talk about it.’” Okerberg responded with a laugh, clarifying that there was “absolutely no intention to file suit anywhere,” while Fox echoed that the partnership remains exploratory.

No Exclusive Deal and Kalshi Talks

The discussion also touched on whether FanDuel’s arrangement with CME is exclusive. Fox indicated that, at this stage, the agreement does not restrict the company from working with other partners. Before formalizing the deal with CME, Flutter reportedly engaged in preliminary discussions with Kalshi to better understand the prediction market sector.

Okerberg confirmed that conversations had taken place but said, “a future relationship with Kalshi has not been ruled out,” while stressing that no agreement or transaction currently exists.

Despite FanDuel’s lack of online sports betting operations in Nevada — the company is only licensed to provide information services and branding for Boyd Gaming at the Fremont Hotel & Casino — regulators stressed that any expansion into event contracts must prioritize compliance with Nevada law.

The heightened scrutiny is rooted in ongoing legal challenges over prediction markets. Nevada regulators maintain that event contracts, especially sports-related markets, conflict with the state’s Gaming Control Act. In March 2025, the NGCB issued a cease-and-desist order against Kalshi, which responded with a lawsuit. By April, a federal judge granted Kalshi a temporary restraining order and preliminary injunction, though the broader case remains unresolved.

Adding to the complexity, Robinhood filed its own lawsuit against both the NGCB and New Jersey regulators, arguing that federal approval by the CFTC should preempt state restrictions. Many states, including Nevada, strongly contest that interpretation, insisting they retain authority over gaming activities within their jurisdictions.

As Commissioner Krolicki summarized during the meeting, “Until the courts resolve this today, I would suggest they are in conflict.” For now, FanDuel has signaled a cautious approach, pledging to review every step with its compliance team and engage with regulators before making any moves in the prediction market arena.