Case: 25-7516, 01/23/2026, DktEntry: 33.1, Page 99 of 110
(VI) other similar activity determined by the Commission, by rule or regulation, to be contrary to the public interest. (ii) Prohibition No agreement, contract, or transaction determined by the Commis- sion to be contrary to the public interest under clause (i) may be listed or made available for clearing or trading on or through a reg- istered entity. * * * * *
6.
7 U.S.C. § 16 provides, in relevant part:
Commission Operations
* * * * * (e) Relation to other law, departments, or agencies (1) Nothing in this chapter shall supersede or preempt— (A) criminal prosecution under any Federal criminal statute;
(B) the application of any Federal or State statute (except as provided in paragraph (2)), including any rule or regulation thereunder, to any transaction in or involving any commodity, product, right, service, or interest— (i) that is not conducted on or subject to the rules of a registered entity or exempt board of trade; (ii) (except as otherwise specified by the Commission by rule or reg- ulation) that is not conducted on or subject to the rules of any board of trade, exchange, or market located outside the United States, its territories or possessions; or (iii) that is not subject to regulation by the Commission under sec- tion 6c or 23 of this title; or
9a
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