7 U.S. Code § 19 - Consideration of costs and benefits and antitrust laws

(a) Costs and benefits
(1) In general
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.
(2) Considerations
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.
(3) Applicability
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 6 (c) or 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.

Source

(Sept. 21, 1922, ch. 369, § 15, as added Pub. L. 93–463, title I, § 107,Oct. 23, 1974, 88 Stat. 1395; amended Pub. L. 102–546, title V, § 502(b),Oct. 28, 1992, 106 Stat. 3631; Pub. L. 106–554, § 1(a)(5) [title I, § 119], Dec. 21, 2000, 114 Stat. 2763, 2763A–403.)
Amendments

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 6 (c) or 6c (b) of this title)” for “regulation”.
Effective Date

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.

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7 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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17 CFR - Commodity and Securities Exchanges

17 CFR Part 3 - REGISTRATION

17 CFR Part 5 - OFF-EXCHANGE FOREIGN CURRENCY TRANSACTIONS

17 CFR Part 15 - REPORTS—GENERAL PROVISIONS

17 CFR Part 18 - REPORTS BY TRADERS

17 CFR Part 20 - LARGE TRADER REPORTING FOR PHYSICAL COMMODITY SWAPS

17 CFR Part 21 - SPECIAL CALLS

17 CFR Part 23 - SWAP DEALERS AND MAJOR SWAP PARTICIPANTS

17 CFR Part 33 - REGULATION OF COMMODITY OPTION TRANSACTIONS THAT ARE OPTIONS ON CONTRACTS OF SALE OF A COMMODITY FOR FUTURE DELIVERY

17 CFR Part 38 - DESIGNATED CONTRACT MARKETS

17 CFR Part 151 - POSITION LIMITS FOR FUTURES AND SWAPS

17 CFR Part 155 - TRADING STANDARDS

17 CFR Part 190 - BANKRUPTCY

 

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