Government regulators and law enforcement officials are expanding their use of civil, criminal, administrative and legislative investigative processes to such an extent that the traditional separation between these activities has virtually disappeared. We have seen increased calls for the regulation and scrutiny of many formerly “unregulated” or lightly regulated markets, including the markets for derivatives, securities, and energy trading.
The enabling laws covering each of these markets either already provide the basis for stricter regulation and enforcement, or are being reviewed to determine if greater regulatory oversight is needed. Moreover, catchwords like “accountability” and “transparency” are replacing former open-market era expressions such as “deregulation.” As such, there is a groundswell of belief that more government regulation is necessary to regulate market activity, such as energy market trading.
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