CME is arguing that perps are harmful to its long-dated futures products. The lawsuit alleges that the CFTC did not consider the ramifications of approving perps, and that these products are actually “swaps” as defined by the Dodd-Frank Act, and not “futures.”

Each term carries implications for how the products themselves are to be regulated and what the requirements are for the companies issuing them are. CME CEO Terrence Duffy, who recently announced he’s stepping down next year, told CNBC last week that the distinction mandates different rules for participants.

“The CFTC did not engage in its own analysis of whether its approval of Kalshi’s Bitcoin perpetual as a future is consistent with law,” CME’s lawsuit said. “The CFTC did not…