Divided CFTC Enacts Long-Awaited Rules On Position Limits

Law360 (October 15, 2020, 9:06 PM EDT) -- A divided U.S. Commodity Futures Trading Commission on Thursday approved so-called position limits designed to curb speculators' ability to distort commodity prices, hoping to finally resolve an unfinished priority that dates back to the aftermath of the financial crisis.

By a 3-2 vote along party lines, the CFTC enacted position limits on 25 physical commodity derivatives involving energy and other products. Democratic Commissioners Rostin Behnam and Dan Berkovitz dissented, concerned that the final rule is too loose and would invite harmful speculation.

Republican Chairman Heath Tarbert described the rule as an overdue effort to provide market players with regulatory clarity 10...

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