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.
7 U.S. Code § 19 - Consideration of costs and benefits and antitrust laws
(a) Costs and benefits
(1) In general
(2) ConsiderationsThe costs and benefits of the proposed Commission action shall be evaluated in light of—
considerations of protection of market participants and the public;
considerations of the efficiency, competitiveness, and financial integrity of futures markets;
(3) ApplicabilityThis subsection does not apply to the following actions of the Commission:
An order that initiates, is part of, or is the result of an adjudicatory or investigative process of the Commission.
An emergency action.
A finding of fact regarding compliance with a requirement of the Commission.
(b) Antitrust laws
2000—Pub. L. 106–554 inserted section catchline, added subsec. (a), designated existing provisions as subsec. (b), and inserted subsec. (b) heading.
- Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001