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COMMODITY TRADING


References CFTC, 2011, “Final Regulations on Position Limits for


Futures and Swaps.” Cheng, I.-H., Kirilenko, A., and W. Xiong, 2012,


“Convective Risk Flows in Commodity Futures Markets,” University of Michigan, Commodity Futures Trading Commission, and Princeton University Working Paper, February.


Cootner, P., 1961, “Common Elements in Futures Markets


for Commodities and Bonds,” The American Economic Review, Vol. 51, No. 2, Papers and Proceedings of the Seventy-Third Annual Meeting of the American Economic Association, May, pp. 173-183.


Fattouh, B., L. Kilian, and L. Mahadeva, 2012, “The Role of Speculation in Oil Markets: What Have We Learned So Far?,” Oxford Institute for Energy Studies and University of Michigan Working Paper, 18 March.


Fischer, D., 1996, The Great Wave: Price Revolutions and


the Rhythm of History, New York: Oxford University Press. G20 Study Group on Commodities, 2011, “Report of the


G20 Study Group on Commodities under the chairmanship of Mr. Hiroshi NAKASO [of the Bank of Japan],” November.


Hickley, A., 2011, “Canada Doubts Over Price


Speculators,” Global Financial Strategy, http://www.gfsnews. com, 11 February. [The article cites Deputy Governor of the Bank of Canada J. Murray during a speech at the Graduate School of Public Policy in Saskatchewan on 10 February 2011.]


International Swaps and Derivatives Association, et al.


v. United States Commodity Futures Trading Commission, 2012, 11-cv2146 (RLW), U.S. District Court, District of Columbia (Washington), September 28.


Irwin, S., 2012, “Futures Markets and Speculation: Lessons from the Past for Today,” Presentation at the Chicago Mercantile Exchange, October 23.


Kawamoto, T., Kimura, T., Morishita K., and M. Higashi,


2011, “What Has Caused the Surge in Global Commodity Prices and Strengthened Cross-Market Linkages?,” Bank of Japan Working Paper Series, No. 11-E-3, May.


Pringle, A. and T. Fernandes, 2007, “Relative-Value


Trading Opportunities in Energy and Agriculture,” in Hilary Till and Joseph Eagleeye (eds), Intelligent Commodity Investing, London: Risk Books, pp. 313-339.


Till, H. 2008, “Amaranth Lessons Thus Far,” Journal of Alternative Investments, Spring, pp. 82–98.


Till, H., 2012a, “‘Who Sank the Boat?’ Alternative Explanations to Popular Narratives Regarding Recent Commodity Price Spikes and the Implications This Has for European Derivatives Regulations,” EDHEC-Risk Institute Publication, June.


Till, H., 2012b, “‘Who Sank the Boat?’ Challenges to


Popular Narratives on Commodity Futures Speculation,” Alternative Investment Analyst Review, a publication of the Chartered Alternative Investment Analyst Association, Third Quarter, pp. 28-43.


Till, H. and J. Eagleeye, 2004, “How to Design a Commodity


Futures Trading Program,” in Greg Gregoriou, Vassilios Karavas, François-Serge Lhabitant, and Fabrice Rouah (eds), Commodity Trading Advisors: Risk, Performance Analysis, and Selection, Hoboken, NJ: Wiley, pp. 277–93.


Till, H. and J. Eagleeye, 2006, “Commodities – Active


Strategies for Enhanced Return,” in Robert Greer (ed), The Handbook of Inflation Hedging Investments, New York: McGraw Hill; also in Journal of Wealth Management, Fall 2005, pp. 42–61.


Williams, S., Fenn, D., and M. McDonald, 2012, “Risk On – Risk Off,” HSBC Global Research, April.


Young, M., Gagoomal, P., and T. Kearns, 2011, “CFTC


Adopts Final Position Limit Rules for Futures, Options, and Swaps on 28 Physical Commodities,” Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates, November 18.


36 March 2013


The federal court’s September 2012 decision on commodity position limits was a promising sign that economic logic may prevail


In September 2012, a US federal court overturned the


CFTC’s position limit rules. The court noted that in prior federal agency decisions to impose speculative position limits, dating back to 1938, the relevant agency had made “necessity findings in its rulemakings” of actual or potential harmful excessive speculation. The CFTC precisely did not so during the current iteration


earned substantial profits had they elected to realize their hedging windfall during the three months that followed the Amaranth debacle. That


said, what is new about the current risk


environment is that a price-risk-bearing specialist may not be able to assume diversification across individual commodities (and other financial instruments) when using portfolio theory to manage commodity risk. As a result, this type of risk specialist must reduce leverage in this activity. Assuming this conclusion is embraced in a widespread manner, the “higher risk of spillovers” resulting from the “financialization of commodities” may lessen.


US CFTC’s Commodity Position Limit Rule Commodity market participants are also facing a


new regulatory environment, one aspect of which is the prospect of position limits across US commodity derivatives markets. Specifically,


in CFTC (2011), the


commission announced that commodity position limits shall be as follows. “Spot-month position limits will be set generally at 25% of estimated deliverable supply. … Non- spot-month position limits … will be set using the 10/2.5 percent formula: 10 percent of the contract’s first 25,000 [contracts] of open interest and 2.5 percent thereafter.” Summarizing from Young et al. (2012), one should note


the following about the CFTC’s position limit rules: a. The CFTC did not “make a finding that its adopted position limits … [were] necessary.”


b. The “CFTC has not argued that position limits will be effective in lowering commodity prices.”


c. The “CFTC contends that it is imposing position limits because ‘Congress did not give it a choice.’”


d. The CFTC did “not provide empirical evidence to demonstrate that the position limits it is imposing are appropriate.”


e. A dissenting CFTC Commissioner stated that “whatever limits the Commission sets … [should be] supported by empirical evidence demonstrating those [limits] would diminish, eliminate, or prevent excessive speculation.”


f. The dissenting commissioner also stated that “without empirical data, we cannot assure Congress that the limits we set will not adversely affect the liquidity and price discovery functions of affected markets.”


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