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Participants broadly accepted the principle that gambling information should be transparent and accessible, but many reported difficulty interpreting or using it effectively in practice. 

Technical data such as odds and rules were often obscured by delivery timing that came too late to influence decisions. 

This sense of understanding was also described as something that needed to be maintained continuously, rather than achieved only once and then relied upon. 

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The CFTC’s move also comes as other US regulators continue to craft their own crypto policies. The agency and the Securities and Exchange Commission (SEC) jointly issued an interpretation in March on how certain crypto assets would be treated under federal securities laws. 

A lot of bigger questions remain without the CLARITY Act. The bill aimed to establish a federal framework for digital commodities and delineate the roles of the SEC and the CFTC. 

Its failure also leaves unresolved disputes over prediction markets and state and tribal gaming authorities, outside a comprehensive congressional framework. Those issues took on new significance during Senate floor debate over the bill, as concerns about federal commodities oversight extended to markets typically regulated at the state or tribal level. 

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“Our hope is that in the next few months there will be a window of opportunity where the market will be hotter and [it’s] a more interest rate friendly environment where we can go raise the money and then just put it in an escrow account,” Scheinthal said at the time.

That window Scheinthal had hoped for seems to be moving further away. Caesars’ proxy filing showed that even during negotiations in the spring, Fertitta refused to go above its $31-per-share offer “due to higher financing costs and increased macroeconomic risks”. From the end of 2025 to late April of this year, higher borrowing costs had resulted in “approximately $40 million per year in additional costs from when the process started”, the filing said.

Diller, for his part, lodged an all-cash, $48.30-per-share offer for MGM days after the Caesars deal broke. People Inc. finished Q2 with $1.1 billion in cash, but between the 74% of shares it would acquire, as well as MGM’s long-term debt of over $6 billion, some level of financing would be required. MGM appointed an independent committee to review the bid but has said nothing since.