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28<br />

better understanding of the impact of speculative activity on the Brent market will<br />

take some time. Nonetheless, making the data available to the market represents an<br />

important step forward. While the new reporting of Brent data is modelled on the<br />

CFTC categories, it is being published by the ICE, rather than the Financial Services<br />

Authority, the UK’s financial regulator.<br />

These transparency improvements are important for the price discovery process, as<br />

they more clearly show periods when the inflow or outflow of speculative funds is<br />

impacting prices. Efforts to collect and publish data on OTC derivatives trading<br />

activity should also help to develop a better understanding of their impact on commodity<br />

price behaviour, including that of crude oil.<br />

Speculative position limits<br />

The initiative to establish position limits on the major exchanges has proved to be<br />

more challenging. The US has already released its proposal that would establish<br />

speculative limits on commodity futures contracts and eventually on similar swap<br />

derivative contracts. In addition to crude, other commodity future contracts included<br />

would be gasoline, heating oil and natural gas, as well as some precious metals<br />

and agricultural commodities. However, implementation has been postponed<br />

until the end of this year.<br />

In addition to the US, the EU is considering some form of position limits, but such<br />

a move is far from certain. So far, the ICE has stated that it would voluntarily set<br />

position limits on the ICE gasoil contract, although no implementation date has<br />

been set thus far.<br />

The argument in favour of speculative position limits is clear. Speculation can play<br />

a positive market role, providing liquidity when producer and consumer hedging<br />

demands are not equal or when the timing of producer and consumer hedging demands<br />

do not match. Nevertheless, recent events have shown that excessive speculation<br />

can cause prices to detach from fundamentals, distorting the essential price<br />

discovery function of the market and potentially leading to the wide price swings<br />

as witnessed in 2008.<br />

Over-the-counter derivatives<br />

Efforts to regulate the OTC market represents a huge and challenging undertaking.<br />

According to the CFTC, the notional value of swap derivatives in the US alone is<br />

$300 trillion, which represents $20 for every dollar in the US economy. Globally,<br />

the OTC market has a notional value of some $600 trillion dollars. In addition to

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