Notice2021-23672
Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Establish Fees for the cToM Market Data Product
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 1, 2021
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 86 Issue 208 (Monday, November 1, 2021)</title>
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[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Notices]
[Pages 60310-60314]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23672]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-93427; File No. SR-EMERALD-2021-34]
Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Establish Fees for the cToM Market Data Product
October 26, 2021.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 14, 2021, MIAX Emerald, LLC (``MIAX Emerald'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange is filing a proposal to amend the Exchange's Fee
Schedule (``Fee Schedule'') to establish fees for the market data
product known as MIAX Emerald Complex Top of Market (``cToM'').
The text of the proposed rule change is available on the Exchange's
website at <a href="http://www.miaxoptions.com/rule-filings/emerald">http://www.miaxoptions.com/rule-filings/emerald</a>, at MIAX's
principal office, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Section 6)a) of the Fee Schedule to
establish fees for the cToM data product.
Background
The Exchange previously adopted rules governing the trading of
Complex Orders \3\ on the Emerald System \4\ in 2018,\5\ ahead of the
Exchange's planned launch, which took place on March 1, 2019. Shortly
thereafter, the Exchange also adopted the market data product cToM and
expressly waived fees for cToM to provide an incentive to prospective
market participants to subscribe to that market data feed.\6\ The
Exchange has not charged fees to cToM subscribers in the over two and a
half years since it was first available for subscription.
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\3\ See Exchange Rule 518(a)(5) for the definition of Complex
Orders.
\4\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
\5\ See Securities Exchange Act Release Nos. 84891 (December 20,
2018), 83 FR 67421 (December 28, 2018) (In the Matter of the
Application of MIAX EMERALD, LLC for Registration as a National
Securities Exchange; Findings, Opinion, and Order of the
Commission); and 85345(March 18, 2019), 84 FR 10848 (March 22, 2019)
(SR-EMERALD-2019-13) (Notice of Filing and Immediate Effectiveness
of a Proposed Rule Change To Amend Exchange Rule 518, Complex
Orders).
\6\ See Securities Exchange Act Release No. 85207 (February 27,
2019), 84 FR 7963 (March 5, 2019) (SR-EMERALD-2019-09) (providing a
complete description of the cToM data feed).
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In summary, cToM provides subscribers with the same information as
the MIAX Emerald Top of Market (``ToM'') data product as it relates to
the Strategy Book,\7\ i.e., the Exchange's best bid and offer for a
complex strategy, with aggregate size, based on displayable order and
quoting interest in the complex strategy on the Exchange. However, cToM
provides subscribers with the following additional information that is
not included in ToM: (i) The identification of the complex strategies
currently trading on the Exchange; (ii) complex strategy last sale
information; and (iii) the status of securities underlying the complex
strategy (e.g., halted, open, or resumed). cToM is a distinct market
data product from ToM. ToM subscribers are not required to subscribe to
cToM, and cToM subscribers are not required to subscribe to ToM.\8\
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\7\ The ``Strategy Book'' is the Exchange's electronic book of
complex orders and complex quotes. See Exchange Rule 518(a)(17).
\8\ See supra note 6.
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Proposal
The Exchange now proposes to amend Section 6)a) of the Fee Schedule
to charge monthly fees to Distributors \9\ of cToM. Specifically, the
Exchange proposes to assess Internal Distributors $1,250 per month and
External Distributors $1,750 per month for the cToM data feed.\10\ The
Exchange notes
[[Page 60311]]
that the proposed monthly cToM fees for Internal and External
Distributor are the same prices that the Exchange charges for its ToM
data product and are identical to the prices the Exchange's affiliate,
Miami International Securities Exchange, LLC (``MIAX'') proposes to
charge for its cToM product. Further, the proposed prices are similar
to or less than competing options exchanges' prices for their
comparable complex order data feed products.\11\
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\9\ A ``Distributor'' of MIAX Emerald data is any entity that
receives a feed or file of data either directly from MIAX Emerald or
indirectly through another entity and then distributes it either
internally (within that entity) or externally (outside that entity).
All Distributors are required to execute a MIAX Emerald Distributor
Agreement. See Section 6)a) of the Fee Schedule.
\10\ The Exchange also proposes to make a minor related change
to remove the phrase ``(as applicable)'' from the explanatory
paragraph in Section 6)a).
\11\ See NYSE American Options Proprietary Market Data Fees,
American Options Complex Fees ($1,500 per month Access Fee and
$1,000 per month Redistribution Fee), at <a href="https://www.nyse.com/publicdocs/nyse/data/NYSE_American_Options_Market_Data_Fee_Schedule.pdf">https://www.nyse.com/publicdocs/nyse/data/NYSE_American_Options_Market_Data_Fee_Schedule.pdf</a>; see also NYSE
Arca Options Proprietary Market Data Fees, Arca Options Complex Fees
($1,500 per month Access Fee and $1,000 per month Redistribution
Fee), at <a href="https://www.nyse.com/publicdocs/nyse/data/NYSE_Arca_Options_Proprietary_Data_Fee_Schedule.pdf">https://www.nyse.com/publicdocs/nyse/data/NYSE_Arca_Options_Proprietary_Data_Fee_Schedule.pdf</a>; Nasdaq PHLX LLC
Price List--U.S. Derivatives Data, PHLX Orders Fees (Internal
Distributor fee of $3,000 per month and External Distributor fee of
$3,500 per month), at <a href="http://www.nasdaqtrader.com/Trader.aspx?id=DPPriceListOptions#PHLX">http://www.nasdaqtrader.com/Trader.aspx?id=DPPriceListOptions#PHLX</a>.
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Like it does today for ToM, the Exchange proposes to assess cToM
fees on Internal and External Distributors in each month the
Distributor is credentialed to use cToM in the production environment.
Also, like the Exchange does today for ToM, market data fees for cToM
will be reduced for new Distributors for the first month during which
they subscribe to cToM, based on the number of trading days that have
been held during the month prior to the date on which that subscriber
has been credentialed to use cToM in the production environment. Such
new Distributors will be assessed a pro-rata percentage of the fees in
the table in Section 6)a) of the Fee Schedule, which is the percentage
of the number of trading days remaining in the affected calendar month
as of the date on which they have been credentialed to use cToM in the
production environment, divided by the total number of trading days in
the affected calendar month.
The Exchange initially filed this proposal on June 30, 2021 with
the proposed fees to be effective beginning July 1, 2021.\12\ The First
Proposed Rule Change was published for comment in the Federal Register
on July 15, 2021.\13\ Although the Commission did not receive any
comment letters on the First Proposed Rule Change, on August 27, 2021,
the Commission issued its Suspension of and Order Instituting
Proceedings to Determine Whether to Approve or Disapprove Proposed Rule
Changes to Establish Fees for the Exchanges' cToM Market Data Products
(relating to the First Proposed Rule Change and a similar filing by the
Exchange's affiliate, MIAX, to also adopt cToM fees).\14\ On September
30, 2021, the Exchange withdrew the First Proposed Rule Change and
resubmitted its proposal to adopt cToM fees.\15\ On October 14, 2021,
the Exchange withdrew the Second Proposed Rule Change and submitted
this proposal to adopt cToM fees.
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\12\ See Securities Exchange Act Release No. 92358 (July 9,
2021), 86 FR 37361 (July 15, 2021) (SR-EMERALD-2021-21) (the ``First
Proposed Rule Change'').
\13\ Id.
\14\ See Securities Exchange Act Release No. 92789 (August 27,
2021), 86 FR 49364 (September 2, 2021) (SR-MIAX-2021-28, SR-EMERALD-
2021-21) (the ``Suspension Order'').
\15\ See SR-EMERALD-2021-32 (the ``Second Proposed Rule
Change'').
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The Exchange also proposes to amend the paragraph below the table
of fees for ToM and cToM in Section 6)a) of the Fee Schedule to make a
minor, non-substantive corrective edit. In particular, the Exchange
proposes to delete the phrase ``(as applicable)'' in the first sentence
following the table of fees for ToM and cToM. The purpose of this
proposed change is to remove unnecessary text from the Fee Schedule.
Implementation
The proposed rule change is immediately effective upon filing.
2. Statutory Basis
The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \16\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \17\ in
particular, in that it is an equitable allocation of reasonable dues,
fees and other charges among its members and issuers and other persons
using its facilities. The Exchange also believes the proposal furthers
the objectives of Section 6(b)(5) of the Act in that it is designed to
promote just and equitable principles of trade, remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general protect investors and the public
interest and is not designed to permit unfair discrimination between
customers, issuers, brokers and dealers.
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\16\ 15 U.S.C. 78f(b).
\17\ 15 U.S.C. 78f(b)(4) and (5).
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In adopting Regulation NMS, the Commission granted self-regulatory
organizations (``SROs'') and broker-dealers increased authority and
flexibility to offer new and unique market data to the public. It was
believed that this authority would expand the amount of data available
to consumers, and also spur innovation and competition for the
provision of market data. Particularly, cToM further broadens the
availability of U.S. option market data to investors consistent with
the principles of Regulation NMS. The data product also promotes
increased transparency through the dissemination of cToM. Particularly,
cToM provides subscribers with the same information as ToM as it
relates to the Strategy Book (i.e., the Exchange's best bid and offer
for a complex strategy, with aggregate size, based on displayable order
and quoting interest in the complex strategy on the Exchange), but
includes the following additional information: (i) The identification
of the complex strategies currently trading on the Exchange; (ii)
complex strategy last sale information; and (iii) the status of
securities underlying the complex strategy (e.g., halted, open, or
resumed). The Exchange believes cToM provides a valuable tool that
subscribers can use to gain substantial insight into the trading
activity in Complex Orders, but also emphasizes such data is not
necessary for trading and that such information can be derived from
other Exchange sources. Moreover, other exchanges offer similar data
products for their own complex market data.\18\
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\18\ See supra note 11.
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The Exchange believes that its proposal is reasonable, equitable
and not unfairly discriminatory because it is a business decision of
each subscriber of cToM whether to subscribe to the feed or not. cTom
is also not the exclusive source for Complex Order information from the
Exchange and market participants may choose to subscribe to the
Exchange's other data products to receive such information.
Specifically, market participants that choose not to subscribe to cToM
can derive much, if not all, of the same information provided in the
cToM feed from other Exchange sources, including, for example, the MIAX
Emerald Order Feed (``MOR'').\19\ The following cToM information is
provided to subscribers of MOR: The Exchange's best bid and
[[Page 60312]]
offer for a complex strategy, with aggregate size, based on displayable
order and quoting interest in the complex strategy on the Exchange; the
identification of the complex strategies currently trading on the
Exchange; and the status of securities underlying the complex strategy
(e.g., halted, open, or resumed). In addition to the cToM information
contained in MOR, complex strategy last sale information can be derived
from the Exchange's ToM feed based [sic]. Specifically, market
participants may deduce that last sale information for multiple trades
in related options series that are disseminated via the ToM feed with
the same timestamp are likely part of a Complex Order transaction and
last sale.
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\19\ See MIAX website, Market Data & Offerings, at <a href="https://www.miaxoptions.com/market-data-offerings">https://www.miaxoptions.com/market-data-offerings</a> (last visited October 13,
2021). In general, MOR provides real-time ulta-low [sic] latency
updates on the following information: New Simple Orders added to the
MIAX Emerald Order Book; updates to Simple Orders resting on the
MIAX Emerald Order Book; new Complex Orders added to the Strategy
Book (i.e., the book of Complex Orders); updates to Complex Orders
resting on the Strategy Book; MIAX Emerald listed series updates;
MIAX Emerald Complex Strategy definitions; the state of the MIAX
Emerald System; and MIAX Emerald's underlying trading state.
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The Exchange also notes that no market participant is required by
any rule or regulation to utilize the Exchange's Complex Order
functionality or subscribe to the cToM data feed. Further, unlike
orders on the Exchange's Simple Order Book, Complex Orders are not
protected and will never trade through Priority Customer \20\ orders,
thus protecting the priority that is established in the Simple Order
Book.\21\ Additionally, unlike the continuous quoting requirements of
Market Makers in the simple order market, there are no continuous
quoting requirements respecting Complex Orders. It is a business
decision whether market participants utilize Complex Order strategies
on the Exchange and whether to purchase cToM data to help effect those
strategies.
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\20\ The term ``Priority Customer'' means a person or entity
that (i) is not a broker or dealer in securities and (ii) does not
place more than 390 orders in listed options per day on average
during a calendar month for its own beneficial accounts(s). The term
``Priority Customer Order'' means an order for the account of a
Priority Customer. See Exchange Rule 100.
\21\ The ``Simple Order Book'' is the Exchange's regular
electronic book of orders and quotes. See Exchange Rule 518(a)(5)
[sic]. See supra note 5.
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The Exchange believes the proposed fees are reasonable as the
proposed fees are both modest and similar to, or even lower than, the
fees assessed by other exchanges that provide similar data
products.\22\ Indeed, proposing fees that are excessively higher than
established fees for similar data products would simply serve to reduce
demand for the Exchange's data product, which as noted, is entirely
optional. Like the Exchange's cToM data product, other exchanges offer
similar data products and complex order functionality. As such, if a
market participant views another exchange's complex order functionality
and related data feed(s) as more attractive than what is offered by the
Exchange, then such market participant can merely choose not to utilize
the Exchange's Complex Order functionality or purchase cToM. Instead,
that market participant can utilize similar complex functionality
elsewhere and purchase another exchange's complex data product, which
likely offers similar data points, albeit based on that other market's
complex order trading activity.
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\22\ See supra note 11.
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Selling market data, such as cToM, is also a means by which
exchanges compete to attract business. If the market deems the proposed
fees to be unfair or inequitable, firms can diminish or discontinue
their use of the data and/or avail themselves of similar products
offered by other exchanges.\23\ The Exchange therefore believes that
the proposed fees for cToM reflect the competitive environment \24\ and
would be properly assessed on Member or non-Member users. The Exchange
also believes the proposed fees are equitable and not unfairly
discriminatory as the fees would apply equally to all users who choose
to purchase such data. The Exchange's proposed fees would not
differentiate between subscribers that purchase cToM and are set at a
modest level that would allow any interested Member or non-Member to
purchase such data based on their business needs.
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\23\ See id.
\24\ Currently, 11 of 16 registered options exchanges compete
for complex market share. The Exchange had a complex market share of
approximately 5.70% for the month of July 2021 and 5.80% for the
month of August 2021. For the months of July and August 2021, no
single exchange had a complex market share of more than
approximately 20%.
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The Exchange also believes the proposed cToM fees are reasonable
and not unfairly discriminatory because since the Exchange initially
established the cToM data product when it launched trading operations
on March 1, 2019, all Exchange Members have had the ability to receive
the Exchange's cToM data free of charge for the past two and a half
years.\25\ Since 2019, when the Exchange launched operations with
Complex Order functionality, the Exchange has spent time and resources
building out various Complex Order functionality in its System to
provide better trading strategies and risk functionality for market
participants in order to better compete with other exchanges' complex
functionality and similar data products focused on complex orders.\26\
The cToM data product allows market participants to better utilize the
Exchange's Complex Order functionality by providing insights into the
Exchange's Complex Order flow. The Exchange currently has 13
subscribers (12 Members and 1 non-Member) for its cToM data product.
Each one of these subscribers have not paid any cToM data fees (other
than the 2 months in which the First Proposed Rule Change was in
effect) but have received the benefit of the Exchange building out its
Complex Order functionality to better compete with other exchanges
complex functionality. The Exchange notes that no market participant
ceased subscribing to the cToM feed since July 1, 2021, the date on
which the fees became effective when proposed in the First Proposed
Rule Change.
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\25\ See supra note 6.
\26\ See Securities Exchange Act Release Nos. 85345 (March 18,
2019), 84 FR 10848 (March 22, 2019) (SR-EMERALD-2019-13) (adopting
complex stock-option order functionality); 85346 (March 18, 2019),
84 FR 10854 (March 22, 2019) (SR-EMERALD-2019-14) (adopting
additional price protection during a Complex Auction and the Complex
Liquidity Exposure Process to provide additional price discovery).
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The Exchange believes that it is reasonable, equitable and not
unfairly discriminatory to assess Internal Distributors fees that are
less than the fees assessed for External Distributors for subscriptions
to the cToM data feed because Internal Distributors have limited,
restricted usage rights to the market data, as compared to External
Distributors, which have more expansive usage rights. All Members and
non-Members that determine to receive any market data feed of the
Exchange (or its affiliates, MIAX PEARL, LLC and MIAX), must first
execute, among other things, the MIAX Exchange Group Exchange Data
Agreement (the ``Exchange Data Agreement'').\27\ Pursuant to the
Exchange Data Agreement, Internal Distributors are restricted to the
``internal use'' of any market data they receive. This means that
Internal Distributors may only distribute the Exchange's market data to
the recipient's officers and employees and its affiliates.\28\ External
Distributors may distribute the Exchange's market data to persons who
are not officers, employees or affiliates of the External
Distributor,\29\ and may charge their own fees for the distribution of
such market data. Accordingly, the Exchange believes it is fair,
reasonable and not unfairly discriminatory to assess External
Distributors a higher fee for the Exchange's market data products as
External Distributors have greater usage
[[Page 60313]]
rights to commercialize such market data. The Exchange also utilizes
more resources to support External Distributors versus Internal
Distributors, as External Distributors have reporting and monitoring
obligations that Internal Distributors do not have, thus requiring
additional time and effort of Exchange staff. The Exchange believes the
proposed cToM fees are equitable and not unfairly discriminatory
because the fee level results in a reasonable and equitable allocation
of fees amongst subscribers for similar services, depending on whether
the subscribers is an Internal or External Distributor. Moreover, the
decision as to whether or not to purchase market data is entirely
optional to all market participants. Potential purchasers are not
required to purchase the market data, and the Exchange is not required
to make the market data available. Purchasers may request the data at
any time or may decline to purchase such data. The allocation of fees
among users is fair and reasonable because, if market participants deem
the proposed fees to be unfair or inequitable, firms can discontinue
their use of the cToM data.
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\27\ See Exchange Data Agreement, available at <a href="https://miaxweb2.pairsite.com/sites/default/files/page-files/MIAX_Exchange_Group_Data_Agreement_09032020.pdf">https://miaxweb2.pairsite.com/sites/default/files/page-files/MIAX_Exchange_Group_Data_Agreement_09032020.pdf</a>.
\28\ See id.
\29\ See id.
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Further, the Exchange no longer believes it is necessary to provide
cToM data for free to attract market participants since the Exchange's
Strategy Book is now established and the Exchange no longer needs to
rely on such waivers to attract market participants to its Complex
Order market or cToM subscribers. The Exchange believes that the
proposal is equitable and not unfairly discriminatory because the
proposed cToM fees will apply to all market participants of the
Exchange on a uniform basis. The Exchange also notes that the proposed
monthly cToM fees for Internal and External Distributors are the same
prices that the Exchange charges for its ToM data product, and are
generally lower than other options exchanges' data feed prices for
their comparable data feed products.\30\
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\30\ See supra note 11.
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The Exchange believes the proposed change to delete certain text
from Section 6)a) of the Fee Schedule promotes just and equitable
principles of trade and removes impediments to and perfects the
mechanism of a free and open market and a national market system
because the proposed change is a non-substantive edit to the Fee
Schedule to remove unnecessary text. The Exchange believes that this
proposed change will provide greater clarity to Members and the public
regarding the Exchange's Fee Schedule and that it is in the public
interest for the Fee Schedule to be accurate and concise so as to
eliminate the potential for confusion.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. Rather, the
Exchange believes that the proposal will promote competition by
permitting the Exchange to sell a data product similar to those offered
by other competitor options exchanges.\31\ The Exchange made Complex
Order functionality and cToM available in order to keep pace with
changes in the U.S. options industry and evolving customer needs, and
believes the data product will continue to contribute to robust
competition among national securities exchanges. Other U.S. options
exchanges offer complex order functionality and market data products
that are substantially similar to that offered by the Exchange. As a
result, the Exchange believes this proposed rule change permits fair
competition among national securities exchanges.
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\31\ Id.
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Furthermore, the Exchange operates in a highly competitive
environment, and its ability to price cToM is constrained by
competition among exchanges that offer similar data products and
complex order functionality to their customers. As discussed, there are
currently a number of similar products available to market participants
and investors. Other U.S. options exchanges offer market data products
that are substantially similar to cToM, which the Exchange must
consider in its pricing discipline in order to compete for the market
data.\32\ For example, proposing fees that are excessively higher than
established fees for similar data products would simply serve to reduce
demand for the Exchange's data product, which as discussed, market
participants are under no obligation to utilize. In this competitive
environment, potential purchasers are free to choose which, if any,
similar product to purchase to satisfy their need for market
information. As a result, the Exchange believes this proposed rule
change permits fair competition among national securities exchanges.
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\32\ Id.
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The Exchange also does not believe the proposed fees would cause
any unnecessary or inappropriate burden on intermarket competition as
other exchanges are free to introduce their own comparable data product
and lower their prices to better compete with the Exchange's offering.
The Exchange does not believe the proposed rule change would cause any
unnecessary or inappropriate burden on intramarket competition.
Particularly, the proposed product and fees apply uniformly to any
purchaser, in that it does not differentiate between subscribers that
purchase cToM. The proposed fees are set at a modest level that would
allow any interested Member or non-Member to purchase such data based
on their business needs.
The Exchange does not believe that the proposed rule change to make
a minor, non-substantive edit to Section 6)a) of the Fee Schedule by
deleting unnecessary text will result in any burden on competition that
is not necessary or appropriate in furtherance of the purposes of the
Act. This proposed rule change is not being made for competitive
reasons, but rather is designed to remedy a minor non-substantive issue
and will provide added clarity to the Fee Schedule. The Exchange
believes that it is in the public interest for the Fee Schedule to be
accurate and concise so as to eliminate the potential for confusion on
the part of market participants. In addition, the Exchange does not
believe the proposal will impose any burden on inter-market competition
as the proposal does not address any competitive issues and is intended
to protect investors by providing further transparency regarding the
Exchange's Fee Schedule.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\33\ and Rule 19b-4(f)(2) \34\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine
[[Page 60314]]
whether the proposed rule should be approved or disapproved.
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\33\ 15 U.S.C. 78s(b)(3)(A)(ii).
\34\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
<bullet> Use the Commission's internet comment form (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#691b1c050c440a0604040c071d1a291a0c0a470e061f"><span class="__cf_email__" data-cfemail="2153544d440c424e4c4c444f5552615244420f464e57">[email protected]</span></a>. Please include
File Number SR-EMERALD-2021-34 on the subject line.
Paper Comments
<bullet> Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-EMERALD-2021-34. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-EMERALD-2021-34, and should be submitted
on or before November 22, 2021.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
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\35\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-23672 Filed 10-29-21; 8:45 am]
BILLING CODE 8011-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 1, 2021.
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