CME CEO Defends Against Calls For Futures Fungibility
September 02 2009 - 12:13PM
Dow Jones News
The top executive of CME Group Inc. (CME) defended in Washington
on Wednesday the U.S. market structure for futures trading, a
structure that critics said gives the world's biggest futures
exchange an unfair advantage over rivals.
Craig Donohue, chief executive of CME, told regulators that U.S.
futures exchanges must be allowed to both trade and centrally clear
contracts to compete against foreign-based rivals that operate in a
similar fashion.
"We're competing on a global basis," Donohue said, testifying
before regulators in a hearing on regulatory harmonization. "Ninety
percent of the exchanges we compete with are clearing their
products in vertically integrated structures."
So-called vertical integration of clearing, which is not allowed
in U.S. securities and options markets, is a key profit center for
futures exchanges like CME, because it requires traders to buy and
sell contracts on the same venue.
In securities and options markets, investors can put on a
position at one exchange and take it off at another, a practice
known as fungibility.
Wednesday's hearing saw several experts call on the Commodity
Futures Trading Commission to revisit the issue of fungibility in
futures markets, as futures and securities authorities sounded out
the industry on how regulators might reconcile their respective
oversight functions.
"In options, the common clearing mechanism has resulted in
multiple competing markets," said Annette Nazareth, a former SEC
commissioner who also testified Wednesday. "What we see in the
futures markets, in my view, is quite different."
Regulators on both sides of the Atlantic have previously
examined the competitive impact of vertical integration in the
derivatives sector.
CME's share price fell heavily in January last year when a
leaked Justice Department memo suggested that the issue be
reopened, while Deutsche Borse (DB1.XE) has also lobbied hard
against concerns raised by the European Commission about combining
clearing and trading.
However, regulators' focus on reforming over-the-counter
derivatives markets has revived the fungibility issue in
Washington, as authorities seek to standardize swaps so that they
can be cleared at multiple clearinghouses in a bid to mitigate
systemic risk.
Lawrence Harris, a professor at the University of Southern
California who also testified Wednesday, said fungibility would
improve prices for futures investors by fostering more intense
competition among exchanges.
Neal Wolkoff, CEO of New York-based ELX Futures, which is
challenging CME's dominance of Treasury futures markets, has also
joined those calling for regulators to reexamine vertical
integration of clearing in the U.S.
But CME's Donohue stressed that more innovation and research
goes into developing exchanges' proprietary contracts, as opposed
to vanilla cash equities and options contracts.
He added that systemic risk could rise if regulators try to
reconcile credit profile differences across different futures
clearinghouses, along with the operational risks involved in
transferring positions and customer funds.
Anthony Leitner, managing member of AJ Leitner and Associaties
LLC, agreed on this point.
"How do you unwind and take out those positions in two
clearinghouses?" he asked regulators.
Jonathan Short, general counsel for Atlanta-based
IntercontinentalExchange Inc. (ICE), said authorities must keep in
mind the intrinsic differences between securities and futures
markets as the SEC and CFTC work to harmonize regulation.
"You could end up hurting those two markets if you try to put a
square peg in a round hole," Short said.
-By Jacob Bunge, Dow Jones Newswires; (312) 750 4117;
jacob.bunge@dowjones.com