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“Looking back over the past two years, the regulation has achieved its primary objective: creating a safer and more transparent market. It has established common standards for all licensed operators, particularly around KYC, AML and responsible gaming, ensuring that customers receive a more consistent experience regardless of the platform they choose.”
Atucha praises the regulation and the regulators themselves for making entry into the market easy, as well as allowing them to be competitive against illegal operators. But the market hasn’t been without its challenges.
A 1% selective consumption tax (ISC) on the value of every online bet has been in force since 1 July 2025, after the original policy was scrapped from proposed regulations in July 2021.
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During the second half of 2026, prediction markets have endured the wrath of a plethora of state governors, most notably Kathy Hochul of New York.
As the NFL season begins, a state in close proximity to the New England Patriots became the latest to attempt to curb the influence of the trading platforms. On 10 September, one day after the Pats’ season-opening loss to the Seattle Seahawks, Connecticut Governor Ned Lamont addressed the growth of the markets during a speech in downtown Hartford. On the same day, the Connecticut Department of Consumer Protection issued cease-and-desist orders to nine unregulated operators, including Polymarket, Robinhood and Underdog Predict.
“Prediction markets have branded themselves as legal and safe, but the reality is they are not adhering to Connecticut’s consumer protection standards,” Lamont wrote in a statement.
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By comparison, the long tail of smaller black market sites rely heavily on affiliates to generate traffic.
Much of the onus for the increasing black market is put on increasingly restrictive policies enforced by regulators across the licensed sector.
Taking a deeper look at these restrictive driving black market activity, up to 46% of the markets covered in the report enforced “significant advertising restrictions” on the regulated market, including in Belgium, Bulgaria, Coratia, Cyprus, Germany, Italy, Latvia, Lithuania, Montenegro, the Netherlands, Poland, Romania and Spain.