BitMEX co-founder Arthur Hayes was surprised by Coinbase’s defense of the legality of stock perpetual contracts in the U.S. Ten years ago, when BitMEX launched Bitcoin perpetual swaps in 2016, the reaction in Washington was unfriendly. Perpetual swaps allow traders to hold leveraged positions without a fixed expiration date and have since become a standard tool in crypto trading.
On November 11, six companies, including Coinbase, filed a brief with the court opposing the Capital Markets Coalition’s motion to ban equity perpetual contracts. The Coalition argues that such products should be classified as equity swaps, subject to stricter regulations, and claims that the U.S. Commodity Futures Trading Commission (CFTC) did not provide sufficient justification when approving them. The U.S. Securities and Exchange Commission also opposed the ban. The district judge denied the request for a preliminary injunction but found that the Association might be able to prove that the Commission had exceeded its authority. Experts warn that an adverse ruling could drive trading activity to offshore and decentralized platforms.
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