http://agriculture.senate.gov/Hearings/Hearings_1997/chapman.htm
On Tuesday of this week, representatives of the futures exchanges presented to the Committee a proposal that would eliminate the application of Shad-Johnson to the professional markets created under Section 6 of the bill. If this were done,
it would lead to futures and other derivatives based on a single equity security being traded on the commodities exchanges free from virtually all government regulation.
Why does the creation of a blanket exemption for these markets give us such concern?
We do not know what particular problems might arise from totally unregulated derivatives markets in equity products. We do know that there is a strong relationship between trading in derivatives and related cash markets. We also know that there is, at best, incomplete information on the extent or nature of trading in these markets. We also know that a market in which regulators have no legal ability to require trading reports, to impose "circuit breakers," position limits, trading halts or margin requirements if they should prove necessary, to obtain the information required to monitor the markets, or to mandate fair competition among participants, is a market that could present great potential dangers for the nation's regulated securities markets. To preclude regulators from having the means to step in if necessary to address systemic risk is neither wise nor necessary in order to achieve the primary objectives of this bill.