Contract Market Self-Regulation under the Commodity Exchange Act

Authors

Marshall J. Nachbar

Abstract

On May 3, 1982, the Supreme Court decided Curran v. Merrill Lynch, Pierce, Fenner & Smith, Inc. The Court answered the question o fwhether there was a private right of action for violations of the Commodity Exchange Act by holding that there was an implied right of action. In Curran, the CFTC had argued that a private right of action strengthens the enforcement and regulatory mechanisms already in place. The Court apparently found this to be a persuasive argument. Whether a private right of action will have the desired effect remains to be seen.

Recommended Citation

Marshall J. Nachbar, Contract Market Self-Regulation under the Commodity Exchange Act, 31 Clev. St. L. Rev. 573 (1982)
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol31/iss4/3