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ARTICLE · 31 JULY 2013

CFTC And EU OTC Derivatives Regulation

A discussion which considers the approaches taken in the two largest derivatives markets: the EU and the US.

United KingdomFinance and Banking

Background

In September 2009 global leaders committed to reform over-the-counter (OTC) derivatives markets with the key objectives of reducing systemic risk, improving transparency, supporting financial stability and combatting market abuse. These high level commitments have now been translated into concrete rules and actions, with global jurisdictions at differing stages of implementation.

However the implementation of these rules at a global level has thrown up challenges as the constraints of domestic law, differences in market structure and timing hamper the ability for rules to work globally across the spectrum of market participants. The need for a consistent and co-ordinated approach from regulators is essential. Without it there is a real risk that market participants will be subject to conflicting, duplicative or over-lapping requirements.

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