ARTICLE
15 February 2018

US Regulator Warns EU About Proposed Extraterritorial Overreach

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A&O Shearman

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A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
On November 6, 2017, Commodity Futures Trading Commission Chairman J. Christopher Giancarlo authored an opinion piece in the Wall Street Journal warning of potential consequences ...
European Union Finance and Banking

On November 6, 2017, Commodity Futures Trading Commission Chairman J. Christopher Giancarlo authored an opinion piece in the Wall Street Journal warning of potential consequences if the European Union mishandles Britain's impending exit from the EU. The European Commission's proposed amendments to the European Market Infrastructure Regulation and the regulation establishing the European Securities and Markets Authority would provide ESMA and the ECB with greater supervisory powers over third-country CCPs. Specifically, Chairman Giancarlo argued that the European Commission's proposed rulemaking that would authorize regulation of financial entities outside the EU by the ECB and ESMA would result in overlapping and uncoordinated regulation in US financial markets. Chairman Giancarlo believes this lack of harmonization and clear jurisdictional limitations could prove expensive and damaging to US economic growth and ultimately impact job growth. Additionally, Chairman Giancarlo suggests that submitting to European rules could set a dangerous precedent going forward which could result in further imposition of European costs and regulatory burdens on the US economy.

The article is available at: http://www.cftc.gov/PressRoom/SpeechesTestimony/giancarloopinion110617.

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