§19 — Title 7 Agriculture | U.S. Code

Summary

The Commission must weigh the costs and benefits before making a rule or issuing an order, except for orders that come from investigations or hearings, emergency actions, or simple factual findings about compliance. In doing this, it must consider protecting market users and the public; keeping futures markets efficient, competitive, and financially sound; how prices are set; good risk-management; and other public-interest concerns. When it issues rules, exemptions, or approves exchange or association bylaws, the Commission must also consider antitrust public interest and try to use the least anti-competitive way to meet its goals.

Title 7, §19

Agriculture — Source: USLM XML via OLRC

(a)(1)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Pub. L. 106–554 inserted section catchline, added subsec. (a), designated existing provisions as subsec. (b), and inserted subsec. (b) heading. 1992—Pub. L. 102–546 substituted “regulation (including any exemption under section 6(c) or 6c(b) of this title)” for “regulation”.

Statutory Notes and Related Subsidiaries

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For

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of section, see section 418 of Pub. L. 93–463, set out as an

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of 1974 Amendment note under section 2 of this title.

§19 Consideration of Costs and Benefits and Antitrust Laws

Summary

Title 7, §19

Notes & Related Subsidiaries

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