Sports … hedging?
If you want to bet that oil prices will go up, you can buy oil futures. In the U.S., oil futures are legal and popular and exchange-traded and regulated by the Commodity Futures Trading Commission, and have been for a long time. You can use them for various purposes, but one purpose is just to make a bet on oil prices, which is generally called “speculation.”
If you want to bet that the Bucs will beat the Chiefs in the big football game, you can go to a casino or a sports book and make a bet. In the U.S., sports betting is popular, but its legality is more complicated. It is legal in some states but not others; it was illegal almost everywhere not that long ago; there is no simple national exchange to make sports bets, and in fact interstate sports gambling is illegal under federal law. If you are just making a bet on football scores, that is generally called “gambling.”
What is the difference between these two things? Well, traditionally, one big difference is that oil futures could be used to hedge real business risk. 1 You might use them for pure speculation, just to bet on oil prices, but an oil company might use them to lock in a selling price for its future oil production, or an airline might use them to lock in a purchase price for its future fuel consumption. This sort of real-business rationale meant that commodity futures were legal and accepted business tools even while regular gambling was illegal and immoral. And, sure, some people would use commodity futures just to speculate — to gamble — but those speculators were helpful participants in a broader, socially useful market; they made the market more liquid and more useful for real businesses that wanted to hedge real risks.
Over time, the CFTC allowed more and more futures contracts, and the rationale was less “this is a commodity that someone can deliver in the future” and more “this is a financial contract that can hedge a real business risk.” So futures on volatility and interest rates are not like oil futures, in the sense that you can’t load an interest rate on a tanker ship and deliver it to a customer, but they are like oil futures in the sense that interest rates and volatility are important risks for real businesses and those businesses might want to hedge them. So they are traded on exchanges and regulated by the CFTC, and if you want to bet on interest rates you can do that legally and transparently and as part of standard financial markets.
Meanwhile real normal businesses don’t have costs or revenues that fluctuate based on football scores. 2 So football betting is just gambling; there is no business purpose to it. Some states allow it and some don’t, but financial contracts on football scores are not traded on exchanges or allowed by the CFTC or part of standard financial markets.
Well, but, one kind of business has a real business need to hedge against football scores: sports books! If you are in the (legal in your state) business of taking bets from customers on football games, and all your customers want to bet on the Chiefs, you might want to hedge your risk by buying some financial contracts that pay off if the Chiefs win. Could you go to the CFTC and say “hey, I have a legitimate business purpose to hedge my real risk by buying football-score futures,” and convince them to allow trading of those futures?
No, absolutely not, that is way too cute, but nice idea, good effort. Here is a Wall Street Journal story about Eris Exchange LLC, a cryptocurrency exchange that tried to slip this one past the CFTC:
ErisX’s plan was to list three kinds of futures contracts, with payouts based on the outcomes of individual NFL games, the point spreads in those games, and what bettors call the over/under—bets based on the total number of points scored in a game. …
ErisX’s contracts wouldn’t have been open to small individual investors. ErisX said they were designed to fill the hedging needs of businesses such as sportsbook operators that let bettors wager on games, stadium owners and food and beverage vendors.
For instance, a sportsbook licensed to operate in one state could have used the ErisX futures contracts to address a common problem where its local customers tend to bet on the home team, resulting in an imbalance in the firm’s books. Potentially, stadium operators could have used the futures to hedge against the risk of reduced revenue in case their local team didn’t make the playoffs, ErisX said.
But ErisX’s proposal faced a legal hurdle: Federal law gives the CFTC the authority to prohibit event contracts linked to gaming. The law doesn’t define gaming, leaving it up to the CFTC to determine whether the contracts’ underlying activity fits the classification. Historically, the regulator has been wary of proposals that blur the line between betting and financial derivatives trading.
Yeah … I … I just think that a contract that lets a sports book lay off its sports gambling risk in a sports gambling derivatives market is pretty obviously sports gambling? Here are the skeptical questions that the CFTC sent to ErisX about this plan (“Do any of these contracts involve, relate to, or reference gaming,” etc.), and the Journal notes that ErisX “withdrew its proposal” as “the CFTC had been poised to reject ErisX’s proposal on the grounds that it was contrary to the public interest.” I don’t know if that’s right as an intuitive matter — maybe sports betting is great and in the public interest? — but as a matter of CFTC rules it is obviously right. The CFTC does not allow futures contracts that are “gaming.” It is clever to argue “no no no, this is not a gaming contract, this is a contract to hedge gaming risk,” and I applaud the ingenuity, but of course it didn’t work.
https://www.bloomberg.com/opinion/articles/2021-03-24/nfl-futures-betting-you-can-t-trade-on-pro-football-odds....
An interesting question was posed by the author here.
: "Market investors and hedge funds bet the price of an asset will increase or decrease by buying or shorting stocks. Gamblers bet one sports team will defeat another by placing bets. Is there a real difference between these two things. Should one be illegalized while the other is not."
I suspect some who have tried their hand at both gambling and crypto exchange trading might identify with these remarks. High risk correlated with high reward ventures such as sports gambling and market investment might both qualify as gambling. There may be many cultural and societal similarities between equity traders and sports gamblers as well. With big data and algorithm based approaches being the most successful innovations of recent times, in both areas.