Before promulgating a regulation under this chapter or issuing an order (except as provided in paragraph (3)), the Commission shall consider the costs and benefits of the action of the Commission.
The costs and benefits of the proposed Commission action shall be evaluated in light of—
(A)considerations of protection of market participants and the public;
(B)considerations of the efficiency, competitiveness, and financial integrity of futures markets;
(C)considerations of price discovery;
(D)considerations of sound risk management practices; and
(E)other public interest considerations.
This subsection does not apply to the following actions of the Commission:
(A)An order that initiates, is part of, or is the result of an adjudicatory or investigative process of the Commission.
(B)An emergency action.
(C)A finding of fact regarding compliance with a requirement of the Commission.
(b) Antitrust laws
The Commission shall take into consideration the public interest to be protected by the antitrust laws and endeavor to take the least anticompetitive means of achieving the objectives of this chapter, as well as the policies and purposes of this chapter, in issuing any order or adopting any Commission rule or regulation (including any exemption under section
6c(b) of this title), or in requiring or approving any bylaw, rule, or regulation of a contract market or registered futures association established pursuant to section
21 of this title.
2000—Pub. L. 106–554inserted section catchline, added subsec. (a), designated existing provisions as subsec. (b), and inserted subsec. (b) heading.
1992—Pub. L. 102–546substituted “regulation (including any exemption under section
6c(b) of this title)” for “regulation”.
For effective date of section, see section 418 ofPub. L. 93–463, set out as an Effective Date of 1974 Amendment note under section
2 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.