ICI and U.S. Chamber of Commerce v. CFTC: ICI's Response to the Court's Inquiry Concerning the Definition of "Bona Fide Hedging"

The plaintiffs argue that the court's decision for ISDA, and against the CFTC, in the position limits case had the effect of vacating certain amendments to the definition of "bona fide" hedging which are cross-referenced in CFTC Rule 4.5; thus, the CFTC cannot enforce the version of Rule 4.5 that relies upon the vacated amendments.

See: Supplemental Memorandum: ICI and Chamber of Commerce v. CFTC (12-cv-00612).

Related News Stories: ICI and U.S. Chamber of Commerce vs. CFTC (Challenging CFTC's Denial of Complete CPO Exemption for RICs) (with Materials) (with Lofchie Comment); ISDA v. CFTC: Court Vacates Position Limits Rule (with Lofchie Comment) (with music from the Eastern Institute of Technology).