OTC commodity derivative rulemaking at the CFTC, 2010-2016: a cultural political economy approach

Bryce Edmund Zedalis
Rulemaking undertaken by the Commodity Futures Trading Commission (CFTC) between 2010 and 2016 for the regulation of over-the-counter (OTC) commodity derivatives comprised an essential component in the implementation of the post-financial crisis Dodd-Frank Act reforms. This study analyzes how the CFTC determined which OTC commodity derivatives would be regulated pursuant to the Dodd-Frank regime, examining the administrative agency’s rulemaking for commodity and trade options in addition to the so-called forward contract exclusion. The rulemaking analysis...
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