Are Perpetuals Swaps or Futures? The CME Picks a Fight
In this episode of Bips and Dips, host Austin Campbell and co-host Chris Perkins analyze the landmark lawsuit filed by the Chicago Mercantile Exchange (CME) against its own regulator, the Commodity Futures Trading Commission (CFTC). The hosts dissect the legal, operational, and market implications of the CME's June...
- 01
On June 18th, the CME filed a lawsuit in DC District Court to overturn the CFTC's approval of Kalshi's Bitcoin perpetual futures.
- 02
The CME argues that perpetuals are legally swaps rather than futures, which would mandate higher collateral and a five-day margin period of risk.
- 03
Under Dodd-Frank, swaps require a five-day margin period of risk, whereas futures require only a one-to-two-day margin period.
- 04
The CFTC's May 29th order allowed exchanges to self-certify crypto perpetuals as futures, bypassing prior regulatory review.
- 05
In a post-Chevron era, the courts will increasingly decide complex regulatory definitions that Congress previously punted on.
- 06
While CME litigates, competitors like ICE and Eurex are forming strategic partnerships with crypto native exchanges OKX and Kraken.
- 07
If the CME pushes too hard, the CFTC could exercise its discretion to classify rolling futures positions as swaps.
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