About a-team Marketing Services
The knowledge platform for the financial technology industry
The knowledge platform for the financial technology industry

A-Team Insight Blogs

SEC’s Cox Calls for Congress to Regulate CDS Market, Continues Debate with CFTC About Jurisdiction

Subscribe to our newsletter

Originally appeared in MiFID Monitor

Securities and Exchange Commission (SEC) chairman Christopher Cox has repeatedly urged the US Congress to pass legislation concerning the oversight of the credit default swap (CDS) market. Cox again made a plea to the US government last week to provide regulation of the sector as a matter of urgency. However, Bart Chilton, commissioner of the Commodity Futures Trading Commission (CFTC), who has also been campaigning for CDS regulation, says that oversight should remain under the jurisdiction of the commodity futures regulator.

It is widely agreed that the OTC credit derivatives sector is in need of stronger regulation. For example, the recent failure of American International Group (AIG) and its subsequent need for government bailout have been attributed to its exposure to the CDS market. Accordingly, the firm’s two recent chief executives, Martin Sullivan and Robert Willumstad, have both given public support to the introduction of further regulation in the market.

However, exactly who will be responsible for enforcing this regulation is still up for debate. The subject of CFTC’s regulatory scope with regards to CDSs will be discussed this week during hearings of the House and Senate agriculture committees, which have jurisdiction over the CFTC. Unfortunately, these discussions will not deal with the issue of which regulatory body (CFTC or SEC) will perform regulatory oversight over the sector in the long run.

There have been calls in the past for the SEC’s role to be expanded to cover the regulation of swaps and, last week, Republican Edward Markey reintroduced a bill that would expand the SEC’s coverage of derivatives. Currently, swaps are not defined as securities because they are traded off exchange and thus do not fall under the SEC’s remit.

Talks about the imminent establishment of clearing bodies for the CDS market are also ongoing at the moment, as market players including CME Group, Eurex and ICE provide more details about their respective planned platforms. It seems that against a background of a regulatory turf war and a battle for supremacy in the clearing house market, it is no wonder that the sector is experiencing such turbulence.

Subscribe to our newsletter

Related content

WEBINAR

Recorded Webinar: Sponsored by FundGuard: NAV Resilience Under DORA, A Year of Lessons Learned

The EU’s Digital Operational Resilience Act (DORA) came into force a year ago, and is reshaping how asset managers, asset owners and fund service providers think about operational risk. While DORA’s focus is squarely on ICT resilience and third-party dependencies, its implications extend deep into core operational processes that are critical to market integrity, investor...

BLOG

RepRisk Roundtable London: Tackling Hidden Sustainability Risk in Private Markets with AI

Sustainability risk is moving into the core of capital markets decision-making, closely tied to conduct risk, counterparty exposure and reputational impact. For senior leaders across risk, investment, compliance, sustainability, and supply chain functions, the question how to interpret complex signals from vast quantities of data and apply them with confidence in credit, investment, and operational...

EVENT

ExchangeTech Summit London

A-Team Group, organisers of the TradingTech Summits, are pleased to announce the inaugural ExchangeTech Summit London on May 14th 2026. This dedicated forum brings together operators of exchanges, alternative execution venues and digital asset platforms with the ecosystem of vendors driving the future of matching engines, surveillance and market access.

GUIDE

Directory of MiFID II Electronic Trading Venues 2018

The inaugural edition of A-Team Group’s Directory of MiFID II Electronic Trading Venues 2018 offers a guide to the European landscape resulting from new market structure introduced by the January 3, 2018 implementation of Markets in Financial Instruments Directive II (MiFID II). The directory provides detailed profiles of more than 70 venue operators and their...