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In April, a federal jury sided with Skillz (now operating as Firy Inc.) on its claims that Papaya deceived consumers by utilizing computer bots in its head-to-head mobile games.

Three months later, Judge Denise Cote ordered Papaya to pay Skillz $719 million in damages for poaching players from its skill gaming platform on the belief that Papaya had more players and therefore facilitated considerably faster peer-to-peer pairing times.

Papaya, headquartered in Israel, quickly secured a temporary stay of proceedings from the Tel Aviv District Court and filed a Chapter 15 petition with Delaware’s U.S. Bankruptcy Court. The Chapter 15 petition seeks to prevent Skillz from initiating collection efforts until its appeals play out.

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Enda Kendrick, chief executive of service provider Veltium, similarly says the largest UK and European sharp-betting groups have moved rapidly into US prediction markets. He believes there are also more than 100 smaller operations, ranging from individual traders to teams of around 10, interested in entering the regulated US market.

Yet the presence of professional counterparties complicates the customer-facing idea that prediction markets merely allow users to trade opinions with one another. As Kendrick puts it, two ordinary customers are not going to place $10 million or $20 million behind the Philadelphia Eagles. Markets at that scale require institutions.

For Marantelli, the exchange format could also cause some customers to lose money faster than they would with a conventional sportsbook. The ability to enter and exit positions creates a perception of flexibility, but that optionality can encourage users to commit more of their bankroll.

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There is a second complication. The relentless flow of Commission statements may eventually make enforcement less damaging rather than more.

“The regulatory failures are unhelpful but perhaps the sheer number and regularity of them has made them less remarkable, such that they become ‘wallpaper’,” Waugh says.

He argues that some lawyers and licensees believe the Commission’s presentation of cases is detached from the operational reality but feel they have little option other than to accept the “regulator’s truth” when settling.