Why the Question Over How to Regulate Perps Has Turned Into a Fight
Why the Question Over How to Regulate Perps Has Turned Into a Fight
12 hours agoUnchainedLaura Shin
Podcast32 min 20 sec
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Note: AI-generated summary based on third-party content. Not financial advice. Read more.
Quick Insights

Investors should look at Coinbase Global (COIN) as a top growth play following CFTC approval to launch U.S. retail Bitcoin (BTC) perpetual futures, establishing a major first-mover advantage and a high-volume revenue stream. Keep Hyperliquid (HYPE) on your radar as its potential onshore U.S. rollout through Kraken could unlock substantial protocol adoption across both crypto and real-world asset (RWA) derivatives. Exercise caution with CME Group (CME), as rising retail and institutional demand for 24/7 crypto perpetuals poses a direct competitive threat to its traditional futures franchise. In decentralized finance, 1inch (1INCH) presents an actionable efficiency catalyst with the launch of OneInch Aqua, targeting over $540 million in currently idle capital. Finally, prepare for expansion in the real-world asset (RWA) theme, where continuous on-chain perpetual trading is rapidly moving into traditional commodities like gold, silver, and oil.

Detailed Analysis

Hyperliquid (HYPE)

  • Hyperliquid was reported by Bloomberg to be in discussions with Payward (parent company of Kraken) to launch onshore trading in the United States through Bitnomial, a CFTC-regulated exchange acquired by Kraken.
    • Representatives emphasized that Hyperliquid operates as a neutral public blockchain and communication infrastructure that any regulated exchange can integrate, rather than acting as a traditional centralized exchange itself.
    • Trading volumes for real-world assets (such as commodities and traditional financial benchmarks) on Hyperliquid have at times exceeded standard Bitcoin perpetual contracts.

Takeaways

  • A successful onshore U.S. integration via regulated intermediaries could significantly increase Hyperliquid's protocol usage, liquidity depth, and user adoption.
  • U.S. expansion will depend on navigating the Commodity Exchange Act (CEA) framework, requiring intermediaries to handle regulatory compliance and customer funds while utilizing decentralized infrastructure.

CME Group (CME)

  • CME Group has filed a lawsuit against the CFTC challenging regulatory approvals granted to competitor platforms offering perpetual futures.
    • CME argues that perpetual contracts should be legally categorized as swaps rather than futures, which would restrict their access primarily to institutional participants and prevent them from trading on retail-facing designated contract markets.
    • The lawsuit reflects concerns that continuous, 24/7 perpetual contracts pose a direct competitive threat to CME's traditional long-dated futures and options franchise.

Takeaways

  • CME is aggressively protecting its legacy derivative franchise from newer on-chain and centralized crypto derivative structures.
  • While legal actions may slow retail adoption of perpetuals in the near term, persistent market demand for 24/7 continuous trading could continue to challenge traditional exchange business models over the long term.

Coinbase Global (COIN)

  • Coinbase received official regulatory authorization from the CFTC to offer genuine perpetual contracts with Bitcoin as the underlying asset for U.S. users.
    • The CFTC classification of these products as futures enables Coinbase to offer standardized perpetual products to a broader trading audience under existing Designated Contract Market (DCM) regulations.

Takeaways

  • Securing approval for retail-accessible perpetual futures provides Coinbase with a first-mover advantage over offshore and traditional domestic competitors.
  • Perpetual contracts typically generate higher trading volume and liquidity than dated futures, creating a significant new revenue driver for regulated digital asset platforms.

Bitcoin (BTC)

  • Bitcoin serves as the initial underlying asset approved by the CFTC for regulated U.S. perpetual futures trading on centralized platforms like Coinbase and Kalshi.
    • Regulators are adopting a phased approach, prioritizing digital assets like Bitcoin for perpetual contract approvals before expanding into physically delivered commodities like oil or agricultural products.

Takeaways

  • The integration of Bitcoin into regulated perpetual futures markets reinforces its position as the primary institutional benchmark for crypto derivatives.
  • Access to perpetual products on regulated domestic exchanges increases market liquidity and simplifies pricing exposure for both retail and institutional market participants.

1inch (1INCH)

  • The protocol introduced OneInch Aqua, a shared liquidity platform aimed at improving capital efficiency across decentralized finance (DeFi).
    • According to Dune Analytics research highlighted during the panel, approximately 30% of concentrated DeFi total value locked (around $540 million) frequently sits idle.
    • The platform enables liquidity providers to back multiple trading positions using a single token balance directly from their wallet until a trade executes.

Takeaways

  • Improving capital efficiency for liquidity providers may attract more active capital and boost transaction throughput within the 1inch decentralized exchange ecosystem.
  • Investors and liquidity providers should note that while shared liquidity reduces capital fragmentation, providing liquidity still carries inherent smart contract and market risks.

Real-World Asset (RWA) Perpetuals & On-Chain Derivatives

  • Perpetual contracts are expanding beyond native cryptocurrencies into real-world commodities such as gold, silver, and oil.
    • Perpetuals offer structural advantages over traditional dated futures, including consolidated liquidity (no expiration roll-over costs), 24/7 trading access, and closer tracking of underlying spot prices.
    • The CFTC and SEC are working through jurisdictional boundaries depending on whether the underlying asset is classified as a commodity or a security.

Takeaways

  • Real-world asset perpetuals represent a high-growth sector bridging traditional finance with blockchain infrastructure.
  • Institutional and retail participation in tokenized commodity perpetuals will heavily depend on future regulatory harmonization between the CFTC and SEC regarding platform intermediation and product classification.
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Episode Description
The CME is suing its own regulator over how perps get classified, and the ruling decides who in the US can trade them. Three lawyers make the case for futures over swaps. ======================================================== Thank you to our sponsor! ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Visit⁠⁠⁠⁠⁠⁠ 1inch.com⁠⁠⁠⁠⁠⁠ to swap tokenized securities, crypto and more. Simple. Secure. Self-custodial. Whatever asset you’re buying - swap it at⁠⁠⁠⁠⁠⁠ 1inch.com⁠⁠⁠⁠⁠⁠ ======================================================== The CME is suing its own regulator. At stake is a single word: is a perpetual futures contract a swap, locked to institutional trading desks, or a future, open to any retail trader in the US? Cathy Yoon, General Counsel at Temporal, Tiffany J. Smith, Partner at WilmerHale, and Jake Chervinsky, CEO of Hyperliquid Policy Center, join Laura Shin at the Real World Assets Summit to make the case for futures. The CME was invited onto the panel to argue its side, but Yoon called their last-minute decision to bow out as "cowardice." They dig into the CFTC's recent approval of true perpetual futures for Coinbase and Kalshi, the running jurisdictional split between the CFTC and SEC, and Bloomberg's report that Hyperliquid is in talks to come onshore through Kraken's Bitnomial. Chervinsky argues Hyperliquid isn't an exchange at all, just neutral infrastructure any exchange could use.  Yoon closes with a warning: most of Capitol Hill, she says, still doesn't understand there's a whole world running onchain. Host: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Laura Shin⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠, Host / Unchained Guest: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Cathy Yoon - General Counsel of Temporal ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Tiffany J. Smith - Partner at WilmerHale and Co-Chair of its Blockchain & Cryptocurrency Working Group Jake Chervinsky - CEO of Hyperliquid Policy Center Timestamps ⚖️ 02:24 Why the CME is suing the CFTC over classifying perps as futures or swaps 🌍 13:00 Why RWA perps overtook crypto perps, and who ends up regulating them 📣 18:03 1inch: See how Aqua's shared liquidity platform puts idle capital to work at http://unchainedcrypto.com/go/1inch-yt 🌐 20:42 Is Hyperliquid an exchange or neutral infrastructure? Jake makes his case 🏛️ 26:10 If you were the regulator: how each panelist would design fair rules for perps Learn more about your ad choices. Visit megaphone.fm/adchoices
About Unchained
Unchained

Unchained

By Laura Shin

Crypto assets and blockchain technology are about to transform every trust-based interaction of our lives, from financial services to identity to the Internet of Things. In this podcast, host Laura Shin, an independent journalist covering all things crypto, talks with industry pioneers about how crypto assets and blockchains will change the way we earn, spend and invest our money. Tune in to find out how Web 3.0, the decentralized web, will revolutionize our world. Disclosure: I'm a nocoiner.