CME Group to Sue CFTC Over Approval of Bitcoin Perpetual Futures
The CME Group has announced its intention to sue the Commodity Futures Trading Commission (CFTC) following the regulator’s decision to approve perpetual futures in the United States.
Terrence Duffy, CEO of CME Group, told CNBC on Wednesday that the company plans to file the lawsuit on Thursday. He stated that the legal challenge will be based on the argument that perpetual futures should be classified as swaps under the Dodd-Frank Act.
Duffy explained that CME believes these products should be treated as swaps rather than futures contracts. He added that the exchange’s benchmark licensing agreements mean providers offering perpetual futures would be required to operate through CME. “We have an exclusive license with every single provider of the benchmarks. So all of these would have to go through CME regardless of the perpetual,” Duffy said.
Perpetual futures are contracts that do not have a set expiration date, allowing traders to speculate on an asset’s price without direct ownership.
This development comes after the CFTC’s May approval of Kalshi to offer BTC perpetual futures, marking the first time the product received regulatory clearance for the U.S. market. Perpetual futures are already widely utilized in international markets, and Kalshi has indicated plans to expand its offerings to include other cryptocurrencies.
Last year, Coinbase also became the first exchange to offer these derivatives to American investors through its Coinbase Financial Markets (CFM) platform.
CME Group’s CEO indicated that the company has been preparing for this legal confrontation with its board for the past eight months and is ready to proceed with the challenge. “I’ve never shied away from one, and I won’t shy away from this…And that’s why I wanted to announce on your show that we will be filing this litigation tomorrow, because we are not taking this lightly,” he stated.
In response, CFTC Chair Michael Selig has defended the agency’s decision to approve perpetual futures in the U.S. He argued that the move aims to make regulated products without expiration dates accessible domestically while ensuring they operate under American oversight.

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