CFTC seeks dismissal of CME challenge to Kalshi Bitcoin perpetual contract

  • CFTC asked a federal court to dismiss CME's challenge to Kalshi's Bitcoin perpetual contract.
  • CryptoQuant recorded $61.7 trillion in global perpetual-futures volume in 2025, up 29% year-on-year.
  • CME has until Oct. 2 to oppose the CFTC's dismissal motion.

The CFTC (U.S. derivatives regulator) asked a federal court on Sept. 2 to dismiss CME's challenge to KalshiEX's Bitcoin perpetual contract, arguing CME must first establish an injury that the court can remedy. The agency says CME could list a comparable digital commodity product and that any competitive disadvantage from choosing not to do so is self-inflicted. CME sued on June 18 after the CFTC approved KalshiEX's Bitcoin perpetual contracts and related policy statement on May 29, arguing that a contract without a fixed expiration is a swap rather than a future under the Commodity Exchange Act. The dispute could leave the futures-versus-swaps question unresolved if the court dismisses the case on standing grounds. The CFTC's policy created a faster listing path for designated contract markets offering perpetuals tied to Bitcoin and digital commodities with deep, active and continuous spot markets, while other products face case-by-case review under Regulation 40.3. The legal challenge comes as the format expands: CryptoQuant data put global crypto perpetual-futures volume at about $61.7 trillion in 2025, up 29% from the previous year, compared with $18.6 trillion in spot trading. Bloomberg reported discussions about Coinbase seeking a regulated route for selected contracts linked to prices on Hyperliquid, while Kalshi is reportedly preparing a WTI crude-oil perpetual. CME has until Oct. 2 to oppose the dismissal motion, and future rulings and regulatory approvals could determine whether perpetual-style products extend from digital commodities to on-chain prices and physical markets.

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CFTC seeks dismissal of CME challenge to Kalshi Bitcoin perpetual contract - CoinPost Terminal