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ARTICLE · 24 NOVEMBER 2008

The CFTC Challenges The FERC´s Anti-Manipulation Authority

The CFTC continues the offensive in its jurisdictional dispute with the FERC.

United StatesEnergy and Natural Resources
Jonathan Flynn
Jonathan Flynn
Terence Healey
Terence Healey
Athena Velie
Athena Velie
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The CFTC continues the offensive in its jurisdictional dispute with the FERC.

On November 3, 2008, the Commodity Futures Trading Commission (CFTC) intervened in Brian Hunter, et al v. FERC, thus, continuing its ongoing jurisdictional dispute with the Federal Energy Regulatory Commission (FERC). In its filing, the CFTC once again argued that it has exclusive authority to police manipulation in the futures markets. Hunter is the former Amaranth trader accused of manipulating the price of various NYMEX gas futures contracts in the spring of 2006 by selling a large number of futures contracts in the last 30 minutes of trading, allegedly attempting to drive down the settlement price in order to benefit a related and substantially larger over-the-counter derivatives position.

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