(a) Costs and benefits
(1) In general
Before promulgating a regulation under this chapter or issuing
an order (except as provided in paragraph (3)), the Commission
shall consider the costs and benefits of the action of the
The costs and benefits of the proposed Commission action shall
be evaluated in light of -
(A) considerations of protection of market participants and
(B) considerations of the efficiency, competitiveness, and
financial integrity of futures markets;
(C) considerations of price discovery;
(D) considerations of sound risk management practices; and
(E) other public interest considerations.
This subsection does not apply to the following actions of the
(A) An order that initiates, is part of, or is the result of
an adjudicatory or investigative process of the Commission.
(B) An emergency action.
(C) A finding of fact regarding compliance with a requirement
of the Commission.
(b) Antitrust laws
The Commission shall take into consideration the public interest
to be protected by the antitrust laws and endeavor to take the
least anticompetitive means of achieving the objectives of this
chapter, as well as the policies and purposes of this chapter, in
issuing any order or adopting any Commission rule or regulation
(including any exemption under section 6(c) or 6c(b) of this
title), or in requiring or approving any bylaw, rule, or regulation
of a contract market or registered futures association established
pursuant to section 21 of this title.