§19 Consideration of Costs and Benefits and Antitrust Laws

Summary

Before creating a rule or issuing an order under this law, the Commission must weigh the costs and benefits of the action. It must look at how the action affects people who use the markets and the public, how it affects market efficiency, competition, and the markets’ financial health, how it affects price discovery, whether it supports good risk management, and other public interest concerns. This review is not required for orders tied to investigations or hearings, for emergency actions, or for simple factual findings about compliance. The Commission must also consider the public interest protected by antitrust laws and try to use the least anticompetitive approach when making any rule, order, or exemption (including exemptions under sections 6(c) or 6c(b)), or when approving bylaws or rules of a contract market or registered futures association under section 21.