Rewriting the rules

The proposed re-regulation of financial markets in the US could have far-reaching consequences for OTC commodity derivatives trading. Peter Malyshev, of counsel at law firm Winston & Strawn, analyses the proposals and identifies possible winners and losers

Every new major regulatory initiative has the potential to benefit some market participants and inhibit the business of others, few more so than the various initiatives currently under consideration by the US Congress.

For over-the-counter (OTC) commodity derivatives, the key initiatives include the Waxman-Markey Bill1 (passed by the House on June 25, 2009), the Obama Administration's white paper on financial regulatory reform (released on June 17, 2009) and the recent pronouncements from

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