CFTC and SEC facing legal anxiety over cost-benefit analyses

A major legal victory challenging a US Securities and Exchange Commission (SEC) rule over inadequate cost-benefit analyses could create a wave of similar litigation targeting SEC and Commodity Futures Trading Commission Dodd-Frank rules – to the mounting consternation of regulators. By Peter Madigan


The Commodity Futures Trading Commission (CFTC) has not been carrying out credible cost-benefit analysis of its Dodd-Frank Act rule-makings, according to one of the agency’s five commissioners – a failing that has already forced the US Securities and Exchange Commission (SEC) to abandon one rule following a successful legal challenge by the US Chamber of Commerce (USCC), and could be used as the basis for future challenges to the two agencies’ forthcoming rules, lawyers say.

“We will have to

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