Caesars chief Tom Reeg says casinos will enter prediction markets if rules clear
Tom Reeg said something Tuesday in Las Vegas that the online-first platforms would prefer not to be quoted widely. He acknowledged that DraftKings and FanDuel, by operating in the current legal grey, are building exactly the kind of head-start advantage that Caesars built in daily fantasy sports before PASPA fell — and that Caesars is watching this happen, from the sidelines, by choice.
That is not a comfortable position for a company with eight Strip properties and a balance sheet that could absorb the regulatory risk. It is, however, an honest one.
The Global Gaming Expo panel this week put three major casino operators on record about prediction markets, and the divide between them tells you more about where this industry is heading than any regulatory filing. MGM's position is the clearest: Nevada's gaming control board told Bill Hornbuckle directly that stretching into event contracts in other states would affect MGM's licensing suitability, and MGM stopped there. When a regulator says something that specific to a licensee that large, the conversation is over. Hornbuckle did not need a lawyer to interpret it.
Reeg's position is more interesting precisely because it is more conditional. Caesars explored the space, is prepared to enter, and is waiting only on regulatory clarity that would let it do so without the licensing exposure. That is a company positioned to move fast the moment the federal preemption question resolves in a way Nevada can live with.
Which is where the two CFTC rules now sitting at the White House become relevant. The proposed rule — RIN 3038-AF82 — would amend the definition of a swap to explicitly include event contracts, pulling them under federal authority and, under the CFTC's own reading, out of state gambling regulators' reach. The second measure, an interim final rule, would carve casino-style gambling products back out of that same definition. The agency is simultaneously expanding its jurisdiction and drawing a line inside it.
The interim final rule is the more aggressive instrument. Agencies use it when they want a regulation operational before the comment process concludes, not after. The CFTC is not waiting for the Supreme Court to settle the circuit split, and it is not waiting for Congress. It is trying to establish the regulatory fact on the ground before either of those slower processes produces an answer.
Whether Nevada accepts that fact is a different matter. The Nevada Gaming Control Board's warning to Hornbuckle was issued under existing state authority, and a federal swap designation does not automatically dissolve a state gaming regulator's view of its own licensing conditions. Kalshi was pushed out of Nevada in August after the Ninth Circuit declined to shield it from state enforcement. A new CFTC rule doesn't rewind that circuit outcome.
Reeg's hedge — "if prediction markets are no more" — is the tell. He is pricing a world in which federal preemption holds and the current operators are absorbed into a licensed framework. In that world, first-mover advantage matters enormously, and Caesars will have sat it out. He has said this publicly, which means he is either genuinely comfortable with the wait or he is telling his board why the decision was unavoidable.
The market that exists on whether major casino operators eventually enter prediction markets is almost certainly underpricing the conditional path Reeg described. The entry is not blocked by appetite. It is blocked by one specific regulatory condition, and the CFTC is currently attempting to manufacture that condition by rule.
The proposed rule RIN 3038-AF82 would amend the swap definition to explicitly include event contracts, pulling them under federal CFTC authority and away from state gambling regulators. The interim final rule carves casino-style gambling products back out of that same definition. The CFTC is simultaneously expanding and narrowing its jurisdiction, with the interim final rule operating before the comment process concludes to establish regulatory facts on the ground.
The Nevada Gaming Control Board warned Bill Hornbuckle that stretching into event contracts in other states would affect MGM's Nevada gaming license suitability. This direct regulatory message from Nevada's primary casino regulator to a licensee that large ended MGM's exploration of prediction markets without requiring legal interpretation.
Tom Reeg stated Tuesday at the Global Gaming Expo that Caesars will enter prediction markets if regulatory rules clear, positioning the company to move fast once the federal preemption question resolves in a way Nevada can live with. Caesars has explored the space, is prepared to enter, and is waiting only for regulatory clarity that would eliminate licensing exposure.
The CFTC interim final rule attempts to establish regulatory facts on the ground before slower processes like Supreme Court circuit split resolution or Congressional action produce answers. By operating before the comment process concludes, the rule could reshape which platforms can operate legally and which casino operators can enter prediction markets as traders or market makers.