D. Procedural Aspects of CEA Section 5c(c)(5)(C) 23. CEA section 5c(c)(5)(C)(i) provides that the Commission may make a public interest determination “[i]n connection with the listing” of event contracts by prediction markets. 58 What aspects of the prediction market listing process are relevant to deciding at what point in the listing process the public interest determination could occur? What factors should inform the Commission’s interpretation of what occurs “[i]n connection with the listing” by a prediction market of an event contract? For example, why would it be appropriate, or not, for the Commission to make a public interest determination when a listing application is reasonably expected, but not yet filed? 24. What factors should inform the Commission’s interpretation of whether CEA section 5c(c)(5)(C) contemplates that elements of a public interest determination could be made with respect to a category of event contracts, rather than a specific event contract? For example, what factors should the Commission consider in determining whether to provide guidance regarding how it expects to make any public interest determination? Would it be useful for the Commission to provide illustrative examples of event contracts that do, or do not, involve the listed activities? Why or why not? 25. CEA section 5c(c)(5)(C)(i) provides that the Commission may make a public interest determination for event contracts that “involve” the listed activities. 59 What elements are relevant to determining what event contracts “involve”? What factors should inform the Commission’s interpretation of when event contracts are sufficiently tied to a listed activity in order to say that the event contracts “involve” that activity?
58 7 U.S.C. 7a-2(c)(5)(C)(i). 59 Id .
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