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Prediction market operators are on legal losing streaks, confirming that Beynon is onto something when he says the regulatory environment is the biggest risk facing the industry.

“We continue to view regulation as the largest risk to prediction markets,” says the analyst. “While industry growth remains robust, adverse legal outcomes could materially impact sports contract availability and long-term adoption.”

Amid a string of losses in federal appellate courts, it appears increasingly prediction markets are angling to take their cases to the U.S. Supreme Court, banking that the high court will allow them to continue offering sports event contracts free of state gambling regulations.

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Commissioners pointed to evidence suggesting the tribe may have already been overcharged compared to other member customers.

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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“Therefore, we have been having this debate,” he added. “I have been to Congress, the Supreme Federal Court, and the Attorney General’s office to talk about the impact of betting on the lives of Brazilians.

“We have made progress, such as increasing the direct tax to 15% and including the activity in the Selective Tax. Those benefiting from social programmes and those who joined the Desenrola programme were also prohibited from betting.”

He also pointed to the self-exclusion mechanism adopted by the government.