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Expert Analysis

DC Circ. Decision Reaffirms SEC Authority Post-Loper Bright

By Charles Sommers, Daniel Feith and Thomas Archer ( December 5, 2025, 4:18 PM EST) -- On Oct. 14, the U.S. Court of Appeals for the District of Columbia Circuit denied a petition for review seeking to invalidate the U.S. Securities and Exchange Commission's 2024 amendments to Rules 610 and 612 of Regulation NMS. These amendments lowered the maximum fee that national securities exchanges may charge for executing against a quotation, and reduced the minimum trading increment, or tick size, for most exchange-listed securities....

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