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CFTC Rulemaking Under Dodd-Frank Paused

BY James Ching
December 26, 2012

An immense wave of Dodd-Frank litigation will sweep the federal courts this year, following two years of desultory rule-making by the relevant federal agencies. The first such case of note, International Swaps and Derivatives Association v. CFTC, No. 11-cv-2146 (RLW), was terminated by summary judgment on Sept. 28 in the District Court of the District of Columbia, and illustrates the close scrutiny that the creation of administrative rules under Congressional mandate will receive.

The CFTC

The Commodity Futures Trading Commision (CFTC) is charged with preventing excessive speculation in any commodity under Sections 6a(a) of the Commodities Exchange Act, 7 USCA. The Commission has statutory discretion to set position limits on futures and options contracts in commodity derivatives markets to diminish or prevent unreasonable fluctuations or unwarranted changes in the price of a commodity in order to protect interstate commerce.

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