CME Group Inc. (CME) is exploring ways to tweak its method of handling off-exchange commodity trades as regulators debate the platform's model, according to the company's chief executive.

Clearport, CME's platform for backing up energy- and agriculture-related swap deals, has come under scrutiny at the Commodity Futures Trading Commission as the agency prepares to erect a new regulatory framework around derivatives trading.

The debate has raised questions around the future shape of Clearport, an eight-year-old business that contributed about 10% of CME's revenue in the second quarter of 2010. The platform is a precursor to the current crop of clearinghouses set up to handle over-the-counter derivatives trades.

"A lot of us will be adapting and we are working closely with regulators to preserve the benefits of our existing model, as well as evaluating a number of alternatives in light of changes from the financial-reform efforts," said Craig Donohue, chief executive of CME, in an interview.

Donohue declined to elaborate on possible changes to the platform, citing an ongoing dialogue with regulators on the matter.

The CFTC is trying to reconcile the operation of Clearport with new rules aimed at providing a better view of activity and pricing in off-exchange markets, according to persons involved in the discussions.

The financial-overhaul bill signed into law last month requires that standardized swap products be routed through clearinghouses to reduce systemic risks represented by the $615 trillion over-the-counter derivatives market.

The legislation also requires derivative transactions that can be cleared also to be executed on an electronic platform.

The latter provision is key to the discussions around Clearport, which passes privately negotiated swap deals into CME's clearinghouse. Many of the more than 700 products that Clearport handles are converted into futures contracts for the purposes of clearing, which carries tax benefits and makes posting collateral more efficient.

The issue, according to persons involved in the discussions, is that the transactions Clearport handles generally aren't agreed upon in an open market, but negotiated privately.

A spokesman for the CFTC had no comment on the matter.

One potential alternative for Clearport would be to add a transaction execution capability, and to register the platform with regulators as a "swap execution facility," according to people involved in the discussions.

Requiring CME to treat all Clearport-listed products as swaps, instead of converting some to futures contracts, could see the exchange company lose market share in the business, according to observers.

U.S. regulators favor an open clearing model for products traded over the counter, allowing instruments such as credit derivatives to be cleared at multiple venues.

A report last week from Equity Research Desk estimated that CME could see an 11% decline in income if the transactions handled by Clearport are made clearable at other venues by the coming regulations.

Some trades, including in customized options transactions facilitated by Clearport, are unlikely to move, given their complexity, according to the report.

CME isn't the only exchange facing potential changes to the way it approaches off-exchange trading as market authorities implement the aims of the financial-overhaul bill.

Rival futures market operator IntercontinentalExchange Inc. (ICE) may also register its futures and credit derivatives trading platforms as "swap execution facilities," while dealer banks have rolled out clearing functions to accommodate customers' over-the-counter derivatives trading.

-By Jacob Bunge, Dow Jones Newswires; 312-750-4117; jacob.bunge@dowjones.com

 
 
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