This Comment first summarizes the existing regulatory scheme and identifies the restrictions imposed on foreign currency futures and options trading.'9 These restrictions undercut much of the apparent flexibility found in the CFTC's recent clarification of its hedging definition. The discussion continues with an explanation of the benefits 20 and costs2' of hedging against currency risk in today's economic climate. On balance, the benefits of the trading activity-increased competitiveness and financial product innovation-appear to justify the costs of potential abuse and threats to the congressional intent of the CEA. This result justifies a fresh approach to the scheme.22 Therefore, regulatory changes are suggested to provide alternatives for United States businesses desiring to hedge their currency risks.23 The proposed changes are designed to promote self-help competitiveness among United States businesses.
Gary W. Glisson,
United States Regulation of Foreign Currency Futures and Options Trading: Hedging for Business Competitiveness Comment ,
Nw. J. Int'l L. & Bus.