FIA Urges CFTC Action As CME Gains Approval for Futures Commission Role

The recent approval granted to CME Group for establishing its own Futures Commission Merchant (FCM) has stirred concerns within the industry. The Financial Industry Association (FIA) has voiced apprehensions regarding potential systemic risks, urging the Commodity Futures Trading Commission (CFTC) to address conflicts that may arise from CME’s expanded market role.

FIA’s Concerns on Market Consolidation Risks

The FIA raised the issue of heightened risks due to market consolidation within CME’s operations. According to FIA President Walt Lukken, the approval represents a trend in the financial industry where single organizations manage multiple functions, including trading, clearing, and intermediation.

Lukken emphasized that “the approval of CME’s FCM application is the latest and most notable instance of a concerning market structure.” The FIA argues that this multi-functionality in a single entity could lead to conflicts of interest, particularly in financial markets already sensitive to systemic risk.

Lukken also pointed out that three years ago, the FIA expressed similar concerns when FTX applied for CFTC approval with a vertically integrated business model. The FIA warned then of possible conflicts of interest from combining multiple market functions under one roof, a concern that remains relevant today as CME expands its operations.

CME’s Expansion and Strategic Adaptation

CME Group, whose activities are primarily associated with the derivatives market, received the approval of the National Futures Association (NFA) to create an FCM, thus strengthening its presence in the global financial environment.

CME Group’s CEO, Terry Duffy, noted that the FCM model helps the company to be more sensitive to the clients’ needs, as the market changes. The company is involved in futures and options, as well as over-the-counter transactions, and offers products across several asset types, including equities, foreign exchange, and commodities.

The FCM approval is in sync with CME’s strategy of offering a full spectrum of products and services to expand its market base and cater to the needs of both the retail as well as institutional clients.

The group’s most recent financial results are encouraging as the third quarter of 2024 set new performance standards in terms of trading volumes, bolstered by rising interest rate transactions and institutional activity. Duffy further elaborated on CME’s plans to enhance its service delivery, stressing on how servicing clients in a fully integrated FCM model is more strategic.

FIA Calls for Immediate CFTC Rulemaking

To this, the FIA has proposed to the Commodity Futures Trading Commission to put in place rules to deal with conflicts of interest in vertically integrated financial companies such as CME. Lukken also highlighted that the CFTC’s current guidelines do not precisely define legal frameworks for such business models.

“The CFTC has not yet suggested clear guidelines that would help prevent conflicts of interest among the CFTC-regulated participants.”

The FIA goes further than CME in its recommendations to the CFTC, the association urging the regulator to enforce policies that apply to all participants who seek to hold multiple roles. The organization has recommended that more stringent measures be taken to prevent any conflicts of interest that may emerge in the process of providing the service, in order to protect the integrity of the market.

Lukken stated that the recent approval of CME’s FCM puts pressure on the Commodity Futures Trading Commission to act and regulate the market in a balanced manner concerning all market participants.

Furthermore, as CME continues to implement its FCM model, the company has posted a solid financial performance and investors’ trust. According to the group, its business posted remarkable increase in the third quarter of 2024 due to rising averages of trading volume per day and active engagement of retail and institutional investors.

Revenue, as a result, rose by 18% year-on-year, driven by a 36% jump in interest rate trading volumes. The company’s stock has performed well, reflecting a positive outlook in the market despite the potential challenges posed by its expanded role.

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