CME: SEC-CFTC Report Lifts 'Cloud' Around Futures Fungibility
October 16 2009 - 2:55PM
Dow Jones News
A top executive for CME Group Inc. (CME) said Friday that a
joint report from U.S. market regulators swept away concerns that
Washington might fundamentally shake up the way U.S. futures
exchanges do business.
The report, focused on bridging gaps between the Securities and
Exchange Commission and the Commodity Futures Trading Commission,
acknowledged fundamental differences between stock and derivatives
market structure and opted to allow U.S. futures bourses to
continue clearing their own products.
"That lifted a big regulatory cloud from our world," said CME
Executive Chairman Terry Duffy, in an interview Friday.
Shares of derivatives exchange operators CME and
IntercontinentalExchange Inc. (ICE) rose on the news, bucking a
broad market downturn.
CME shares recently were up 2.7% at $317.34, with ICE up 6.3% at
$104.40.
Friday's report followed a series of September hearings
examining a host of regulatory topics applying to both securities
and futures markets, including the issue of fungibility of futures
contracts.
In securities and options markets, investors can put on a
position at one exchange and take it off at another, a practice
known as fungibility.
However, U.S. law lets futures exchanges operate their own
clearinghouses, requiring traders to buy and sell futures contracts
on the same exchange, which makes trading and clearing more
profitable for exchanges like CME and ICE.
The futures industry has argued that the current framework is
necessary to compete against foreign rivals that also clear their
own products.
But critics at the September hearings said that this approach
impedes competition among exchanges in the U.S. market and
translates to higher prices for investors.
The joint SEC-CFTC report Friday made no recommendation as to
futures exchanges' vertical integration of clearing, though
regulators again expressed support for fungibility of
over-the-counter derivatives across multiple clearinghouses.
Regulators on both sides of the Atlantic have previously weighed
the competitive impact of vertical integration in the derivatives
sector.
CME's share price fell heavily in January 2008 after a Justice
Department memo suggested that the issue be re-examined, while
Germany's Deutsche Boerse AG (DBOEF, DB1.XE) has also argued
against concerns raised by the European Commission about combining
clearing and trading.
Executives for CME have stressed that developing proprietary
futures contracts takes significant research and investment, as
opposed to vanilla cash equities and options contracts.
Another concern is that systemic risk could rise if Washington
forces the market to reconcile credit profile differences across
multiple futures clearinghouses.
-By Jacob Bunge, Dow Jones Newswires; 312-750-4117;
jacob.bunge@dowjones.com