Wednesday, August 13, 2008
A Short Guide to the Prosecution of “Market Manipulation” in the Energy Industry: CFTC, FERC, and FTC
Posted by D. Daniel Sokol
Layne Kruse (Fulbright & Jaworski) & Amy Garzon (Fulbright & Jaworski) provide A Short Guide to the Prosecution of “Market Manipulation” in the Energy Industry: CFTC, FERC, and FTC.
ABSTRACT: "Market manipulation” has been a potential target for U.S. prosecutors for over seventy years. However, the focus on market manipulation in the energy industry is more recent, and now the U.S. Federal Trade Commission has joined the Commodity Futures Trading Commission and Federal Energy Regulatory Commission with statutory authority to police market manipulation in the energy industry. With three federal agencies, the lines of authority are far from clear. This article provides a brief guide to the statutory framework for the three agencies and explains the similarities and differences in their authority.