CFTC and SEC Seek Comment on Derivatives Definitions as CME Sues CFTC Over Perpetual Futures
The Commodity Futures Trading Commission and Securities and Exchange Commission issued a joint request for public comment on Thursday on updating and clarifying how they define key derivatives definitions, touching on th...
High signal
Published within the last day. 3 independent sources are tracking the same story.
The Commodity Futures Trading Commission and Securities and Exchange Commission issued a joint request for public comment on Thursday on updating and clarifying how they define key derivatives definitions, touching on the same legal question now being litigated in CME‘s lawsuit against the CFTC.
The request seeks input on whether greater clarity is needed on Title VII derivatives definitions, including the treatment of swaps, security-based swaps, mixed swaps, and novel products such as cash-settled perpetual contracts and event contracts.
“Today’s joint request for public comment presents an opportunity to address longstanding ambiguities within Title VII of Dodd-Frank that have stifled fair competition and responsible innovation,” CFTC Chairman Michael Selig said. SEC Chairman Paul Atkins said clarification was “long overdue” on Title VII definitional issues, specifically citing event-based products. The comment period runs 60 days after publication in the Federal Register.
The request arrives directly on the heels of a legal fight over that very definition. CME Group sued the CFTC on Thursday over its decision to approve Kalshi‘s perpetual futures as futures contracts. CME’s complaint alleges that in approving the products, Selig overrode the established definition of a swap and sidestepped the regulatory regime that should apply, letting new entrants compete for CME’s retail futures customers. CEO Terrence Duffy had argued earlier in the week that perpetual futures, in which two parties exchange ongoing payments, meet the Dodd-Frank definition of a swap rather than a future.
The two developments pull in opposite directions on the same issue. CME is asking a court to find that the CFTC misclassified perpetuals, while the CFTC and SEC are inviting the public to help redraw the definitional lines administratively. The CFTC told reporters it intends to seek dismissal of CME’s suit, characterizing it as running counter to the Trump administration’s pro-innovation agenda. How the “swap” question resolves, in court, through rulemaking, or both, will shape which regulator oversees perpetual futures and prediction-market contracts, and under what rules new entrants can enter the US derivatives market.
Update, Friday, June 19, 2026, 4:50pm ET: The original version of the article misstated the scope of the request for comment.
Related Listen: Why AI Censorship and Reg NMS Repeal Matter for Crypto Markets: DEX in the City {"@context":"http:\/\/schema.org\/","@id":"https:\/\/unchainedcrypto.com\/cftc-and-sec-seek-comment-on-defining-swaps-as-cme-sues-the-cftc-over-the-same-question\/#arve-youtube-g1nfiducueu","type":"VideoObject","embedURL":"https:\/\/www.youtube-nocookie.com\/embed\/g1NFIDucUEU?feature=oembed&iv_load_policy=3&modestbranding=1&rel=0&autohide=1&playsinline=1&autoplay=0"}
The post CFTC and SEC Seek Comment on Derivatives Definitions as CME Sues CFTC Over Perpetual Futures appeared first on Unchained.
Why this matters
CFTC is showing up inside the Regulation theme, so this story is worth tracking for follow-through rather than treating it as a one-off headline.
Original source
Read on UnchainedSame story, other sources
Cross-source coverage
3 sources
SEC And CFTC Ask Public To Weigh In On Swaps As Perpetual Futures Fight Heats Up
The US derivatives debate just moved into a much more important phase. The Securities and Excha...
CFTC, SEC request public comment to clarify definition of ‘swaps’ amid CME lawsuit
CME Group sued the CFTC on Thursday over the agency's decision to classify perpetual futures as...
Related market context
Kalshi IPO Talk Shows Prediction Markets Are Moving Into Wall Street’s Mainstream
Prediction markets are no longer sitting at the edge of the financial conversation. Kalshi has reportedly held early discussions w...
CME lawsuit challenges whether Kalshi’s Bitcoin leverage push can become an everything-exchange
The CFTC approved KalshiEX's BTCPERP contract on May 29, one day after Kalshi submitted it under Regulation 40.3. The contract ref...
CME Group to Sue CFTC Over Perpetual Futures Approval, Citing Dodd-Frank Swaps Definition
CME Group plans to sue the Commodity Futures Trading Commission over the agency's approval of crypto perpetual futures, the world'...
PremiumBlock Launches Non-Custodial Risk Hub for User-Created Prediction Markets, Perps and Web3 Poker
Stockholm, Sweden, June 19th, 2026, Chainwire PremiumBlock brings leveraged prediction markets, liquid 24/7 FX perpetuals and Web3...
TD Cowen says CME has the upper hand in lawsuit against CFTC over crypto perpetual futures
"We expect CME will seek a preliminary injunction to block perps as the case proceeds," said TD Cowen's Jaret Seiberg.
Kentucky Attorney General Sues Polymarket And Kalshi Over Sports Betting Claims
Kentucky Attorney General Sues Polymarket And Kalshi Over Sports Betting Claims TL;DR Kentucky Attorney General Russell Coleman ha...