Sound financial regulation does not require choosing between governmental and private action. Instead, optimal regulatory solutions often blend the expertise and adaptability of private-sector influence with the stabilizing effects of federal oversight. This collaborative framework has a rich history in U.S. derivatives regulation, which has long relied on self-regulatory organizations (“SROs”) like exchanges, clearinghouses, and the National Futures Association to help promote market stability and customer protection. SROs remain subject to oversight by the Commodity Futures Trading Commission (“CFTC”), which guards against the proverbial fox-in-the-henhouse scenario while advancing quintessential government functions like mitigating systemic risk.
The advantages of this self-regulatory framework were underscored in 2020, when the coronavirus (COVID-19) pandemic spurred unprecedented volatility across U.S. derivatives markets. Effectively navigating the market effects of the pandemic required a calibrated approach that drew from the advantages of SROs and the CFTC. The integrated response that emerged is a model for how SROs and the CFTC can together promote stability through collaboration.
Heath P. Tarbert,
Self-Regulation in the Derivatives Markets: Stability Through Collaboration,
Nw. J. Int'l L. & Bus.