By Douwe Miedema and Ann Saphir
WASHINGTON/CHICAGO, Nov 9 (Reuters) - A lawsuit by U.S.
exchange operator CME Group added to a groundswell of legal
challenges facing regulators rewriting global financial rules,
potentially opening up a new front in the fight over the
reforms.
The CME - the biggest operator of U.S. futures exchanges -
sued on Thursday the chief U.S. derivatives regulator because
the CME does not want to report non-public swap transaction data
to a third party.
Instead, the CME, which already collects a great amount of
data by virtue of being a swap clearinghouse, believes it can do
the job itself. It is frustrated that the Commodity Futures
Trading Commission (CFTC) has not yet ruled on its application
to qualify as a so-called swaps data repository (SDR).
The CFTC declined to comment.
The suit is one of a growing number of challenges of the
2010 Dodd-Frank law, named after the two U.S. politicians who
spearheaded the reforms designed to prevent a repeat of the
global financial crisis.
Shedding greater light on the commercially lucrative
derivatives industry is a major part of the law.
The lawsuit comes just days after Republican Mitt Romney
lost his bid for the White House to incumbent President Barack
Obama, meaning financial industry groups face fewer legislative
and regulatory options to weaken reforms.
But this lawsuit is different in that it does not
necessarily represent the views of the larger industry, raising
questions about whether individual companies will unleash a
flood of more narrow suits, dragging down the overall
implementation of Dodd-Frank in the process.
The rule targeted in the CME suit would require "derivatives
clearing organizations" such as CME to report cleared swap
transactions to these new swaps data repositories.
The derivatives industry successfully challenged another
CFTC rule in September, when a judge decided that the watchdog
had no explicit mandate to introduce a new rule to curb
speculation in commodity markets by putting caps on trading
positions.
The judge said the CFTC had to first prove that such
"position limits" were necessary to prevent market disruptions.
The industry had also challenged the rule on the basis that the
CFTC did not adequately weigh its costs and benefits.
The CME's case is different even if it uses the same
argument of the lack of a cost-benefit analysis, because the CME
is advancing its own interest much more directly.
In a sign that industry-wide support was lacking, one
leading trade body distanced itself from the CME and its plans
to set up its own SDR, saying that the more data repositories
there were, the less market transparency.
"Proliferation of swap data repositories and fragmentation
of market data can be harmful to regulatory transparency," a
spokeswoman for the International Swaps and Derivatives
Association (ISDA) said in a statement.
The CFTC will not approve the CME's application to qualify
as an SDR unless it agrees to send data to rival firms operating
competing SDRs, CME said in the lawsuit.
The requirement is unnecessarily costly, it says, because it
already collects the swaps data when it clears the contracts and
the CFTC could simply access that data directly.
IntercontinentalExchange Inc and the Depository Trust and
Clearing Corp already have won approval for their swaps data
repositories.
The CFTC - led by Gary Gensler, a former Goldman Sachs
banker - suffered a setback in October, when it was forced to
delay a crucial set of rules aimed at making the derivatives
market more stable and less opaque.
And regulators from Europe and Asia criticized the regulator
in a public hearing this week for its aggressive stance on how
its rules apply to international banks and traders.
The Securities and Exchange Commission - which is also
writing parts of the Dodd-Frank regulation - has also seen
several of its rules challenged in the courts.
The CME case is Chicago Mercantile Exchange Inc. v. U.S.
Commodity Futures Trading Commission, U.S District Court for the
District of Columbia, No. 12-cv-1820.
For CME Group : Mark Davis Young of Skadden, Arps, Slate,
Meagher & Flom
For the CFTC: Not immediately available.
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