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A major advantage for traditional sportsbook operators is their ability to aggressively fund customer acquisition and retention bonuses. As EKG points out, prediction markets have “less ability to be generous with bonuses” because users trade against one another rather than against the house.

That creates a stark contrast during peak football season when traditional sportsbooks spend heavily on promotions. Offers ranging from $350 to $365 from major operators make the $25 to $50 promotional matches typically seen on prediction markets appear modest by comparison.

“That said, channel checks indicate prediction markets are spending heavily on digital marketing, including app stores and pay-per-click advertising, which could make our forecast look conservative by the end of the season,” EKG concluded.

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Polymarket and other prediction markets that ventured into sports trading last year maintain that they’re financial platforms governed by federal law.

The Commodity Futures Trading Commission (CFTC) agrees, continuing to defend its claimed “exclusive jurisdiction” over sports prediction markets in federal and state courts across the nation.

The legal wrangling extends to Michigan, where Attorney General Dana Nessel has rejected Polymarket and the CFTC’s arguments that the Michigan Gaming Control Board has no regulatory authority over prediction markets, even the ones allowing traders to buy and sell shares of sports outcomes.

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The Upper Sioux Community also argued that, as a sovereign tribal nation, it is not subject to Minnesota utility regulations. The commission declined to rule on the sovereignty question, concluding it was unnecessary to resolve that issue to determine that Minnesota Valley could not prevent the casino from generating its own power.

An attorney for Minnesota Valley told commissioners the cooperative plans to appeal the order.

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