ICE Reiterates View that Position Management Regime Should Be Set by the CFTC; CME White Paper Recommendations Reduce Customer C
17 September 2009 - 11:27PM
PR Newswire (US)
ATLANTA, Sept. 17 /PRNewswire-FirstCall/ --
IntercontinentalExchange (NYSE:ICE), a leading global operator of
regulated futures exchanges, clearing houses and over-the-counter
(OTC) markets, issued the following statement regarding position
limits and hedge exemptions in its energy markets in relation to
the CME Group (CME) white paper, "Excessive Speculation and
Position Limits in Energy Derivatives Markets," published on
September 16, 2009. Unfortunately, it appears that several elements
of CME's white paper proposal are flawed and potentially
anti-competitive. (Logo:
http://www.newscom.com/cgi-bin/prnh/20090727/CL51999LOGO ) ICE
firmly believes in the proper regulation of markets to ensure that
market users and the public have confidence in the commodity price
formation process. While ICE continues to question the causal link
between speculative activity in futures markets and energy price
levels, ICE nevertheless recognizes the importance of this
overarching goal. The Commodity Futures Trading Commission (CFTC)
has held hearings with a broad cross-section of participants to
inform the discussion regarding appropriate position limits and the
administration of hedge exemptions. In light of the recent CFTC
hearings, and in order to build market confidence, preserve
customer choice and competition, ICE makes the recommendations
listed below. -- A new position limit or accountability level
regime established and administered by the CFTC, with the CFTC
having sole authority to grant exemptions, may offer greater
confidence in market integrity. The CFTC has a regime in place for
enumerated agricultural contracts that has proven to be effective.
The CFTC has the experience, systems, and increasingly, the budget
to administer this type of regime more broadly. Only the CFTC can
and will have broad and regular access to all position data
regardless of venue, and is therefore uniquely able to determine
compliance with limits and appropriateness of exemptions. -- ICE
believes any new position limit and accountability level regime
should be aggregate, meaning market-wide, in nature. Market-wide
limits would govern the sum total of all positions reported to the
CFTC by any Designated Contract Market, Exempt Commercial Market
for Significant Price Discovery Contracts, Foreign Boards of Trade
for linked contracts, or major OTC market participant. The CFTC has
already successfully implemented the most challenging aspect of
such a system: collection, aggregation and reporting of position
data from these sources. -- In addition, ICE believes that the
imposition of position limits and accountability levels should
promote competition and customer choice by being market and
exchange agnostic. Setting position limits in the manner suggested
by CME, as a percentage of an exchange's open interest, would be
anti-competitive and contrary to the CFTC's statutory mandate to
"promote competition among exchanges and seek to regulate the
futures markets by the least anticompetitive means available."
Imposing smaller limits for newer exchanges by applying a
"percentage of open interest" test for each individual exchange
would retard competition by mathematically precluding new entrants
from building liquidity in their markets. We urge the CFTC to take
this critical issue into account and to implement market and
exchange-agnostic rules that promote, not destroy, competition. --
Beyond these critical points concerning the proper administrator of
position limits and whether they should be applied market-wide, ICE
continues to share its thoughts directly with the CFTC regarding
other elements of CME's white paper, including but not limited to,
key distinctions between physical versus cash-settled contracts and
enhancements to the existing accountability level regime. ICE has a
long and demonstrated track record of working closely with
regulators in the U.S. and abroad to ensure transparency and robust
market regulation, and we look forward to continuing to engage with
members of the Commission, CFTC staff and market participants on
these important issues. About IntercontinentalExchange
IntercontinentalExchange (NYSE:ICE) operates leading regulated
exchanges, trading platforms and clearing houses serving the global
markets for agricultural, credit, currency, emissions, energy and
equity index markets. ICE Futures Europe hosts trade in half of the
world's crude and refined oil futures. ICE Futures U.S. and ICE
Futures Canada list agricultural, currency and Russell Index
markets. ICE offers trade execution and processing for the credit
derivatives markets through Creditex and ICE Link(TM),
respectively, and CDS clearing through ICE Trust(TM) and ICE Clear
Europe . A component of the Russell 1000 and S&P 500 indexes,
ICE serves customers in more than 50 countries and is headquartered
in Atlanta, with offices in New York, London, Chicago, Winnipeg,
Calgary, Houston and Singapore. http://www.theice.com/ Safe Harbor
Statement under the Private Securities Litigation Reform Act of
1995 - Statements in this press release regarding
IntercontinentalExchange's business that are not historical facts
are "forward-looking statements" that involve risks and
uncertainties. For a discussion of additional risks and
uncertainties, which could cause actual results to differ from
those contained in the forward-looking statements, see ICE's
Securities and Exchange Commission (SEC) filings, including, but
not limited to, the risk factors in ICE's Annual Report on Form
10-K for the year ended December 31, 2008, as filed with the SEC on
February 11, 2009.
http://www.newscom.com/cgi-bin/prnh/20090727/CL51999LOGODATASOURCE:
IntercontinentalExchange CONTACT: Investor & Media, Kelly
Loeffler, VP, Investor Relations & Corp. Communications,
+1-770-857-4726, :, or Sarah Stashak, Director, Investor &
Public Relations, +1-770-857-0340, , both of
IntercontinentalExchange Web Site: http://www.theice.com/
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