The article examines the efforts of the Commodity Futures Trading Commission (CFTC) to keep up with the broadening interests of retail market participants, which includes complex products ranging from precious metals to digital assets. The CFTC has a statutory responsibility to "deter and prevent price manipulation" in the markets that it regulates. The CFTC must also "protect all market participants from fraudulent or other abusive sales practices and misuses of customer assets." At the same time, the agency must "promote responsible innovation and fair competition among boards of trade, other markets and market participants."
Noting the upcoming changes to the CFTC's composition under the new administration, the article highlights three areas where the CFTC must find balance in these responsibilities to retail market participants: retail commodity transactions, social media and binary options. It also discusses key regulatory provisions and background regarding each area and the CFTC's recent activity in each.
"The CFTC's Focus on Retail Markets," Futures and Derivatives Law Report, Volume 42, Issue 3, March 2022