CFTC issues final rules prohibiting market manipulation

Purpose ‐ The purpose of this paper is to provide a summary of recent Commodity Futures Trading Commission (CFTC) final rules prohibiting manipulation of commodity markets. The paper provides the specific prohibitions contained in new rules prompted by new authorities granted to the CFTC by the Dodd-Frank Act. Design/methodology/approach ‐ The paper includes a discussion of relevant Dodd-Frank Act provisions, the two new final CFTC rules and the scope of the new rules as explained by the CFTC in its rulemaking release. Included in these discussions are some specific applications of the new rules. Findings ‐ The final CFTC rules are similar to the rules proposed last fall. How the final rules and the release respond to public comments received in response to the proposed rulemaking are described in the paper. Practical implications ‐ The new final CFTC rules became effective August 15, 2011. The rules have wide application, so all commodity market participants should be made aware of the new rules and their prohibitions. Originality/value ‐ The paper provides expert advice from experienced energy and commodity regulatory attorneys.