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Prediction Market Regulation Heats Up After ESMA Red Flags

Kevin Roberts
Kevin Roberts Writer
09/13/2026
Prediction Market Regulation Heats Up After ESMA Red Flags

Prediction markets like Kalshi and Polymarket are heating up with growing trade volume by the day. Conversation around prediction market insider trading risks is getting just as hot, however, with the European Securities and Markets Authority (ESMA) raising red flags regarding the industry recently.

ESMA joins a long line of reputable voices that are speaking out against prediction markets, with their interest specifically being in potential market manipulation. In a recent report, the European Union financial regulator cited prediction markets as a rising concern, with the protection of traders at the forefront.

ESMA Raises Red Flags Over Prediction Markets

The big concern from ESMA is how prediction markets are set up, who they impact, and more specifically who can impact them the most.

Prediction markets allow traders to buy and sell event contracts tied to real world outcomes, with categories having virtually no boundaries. This can (and already has) lead to corruption at the political and even military level.

While prediction market insider trading itself is a hot button topic the ESMA feels needs to be addressed, the bigger issue could be the difficulty of identifying those responsible for serious infractions.

The leading prediction market platforms have so far been quick to call out insider trading and have been adept at catching manipulators. The question at hand is if that will always be the case, and whether the current practices of prevention and detection will always answer the call.

Will Prediction Market Regulation Be Tougher in Europe?

Another lingering issue that coincides with the red flags raised by ESMA is the fact that some leading prediction market sites restrict access in some European Union countries.

ESMA has noted that every EU member state isn’t covered, while also highlighting concern over the ability to circumvent geotracking tools via VPNs and other avenues.

With concerns in place, it could be difficult for all parties involved to find enough common ground to allow prediction markets to slide seamlessly into Europe’s regulatory framework.

Just this past July, ESMA already declared that some event contracts qualify as financial instruments. How these contracts end up being classified matters, as they can be viewed as binary options. Considering the marketing, distribution, and sale of binary options to retail clients is prohibited, this creates at best a gray area, and at worst an impasse.

Prediction Market Regulation Chatter Isn’t All Bad

While some prediction market enthusiasts may not love the heat from the ESMA, any conversation about prediction markets is good conversation.

ESMA’s highlighting of various risks isn’t wrong. There are definitely some weak spots in the armor within the industry, and they need to be addressed. Long-term, some level of regulation is probably going to be necessary, and getting the debate started on a global level (especially when wording and perception can be so tricky) is optimal.

Ultimately, prediction markets can’t be ignored. Some are poking at the risk involved, but the rapid growth of the industry, the potential reach, and the money to be made in prospective partnerships is tough to deny. It just sounds like winning over Europe lawmakers may be a bit easier said than done.

The Trade Handle Prediction Markets Take

The ESMA’s warning isn’t anything new. Prediction market insider trading has occurred with greater veracity in recent months, and there are always going to be certain risks in the industry.

The bigger takeaway is the potential hang ups in language when prediction markets look to expand in different countries. If their definition of event contracts don’t align perfectly with Europe, the regulatory debate rages on.

Europe is monitoring what is happening, they see the growth, and they’re highlighting possible problem areas. It will soon be up to the top prediction market platforms to address these issues while winning Europe and other countries over.