The NASDAQ Stock Market, LLC v. SEC, No. 18-1292 (D.C. Cir. 2020)
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Section 19(d) of the Securities Exchange Act of 1934 is not available as a means to challenge the reasonableness of generally-applicable fee rules. At issue in this appeal is whether fees that national securities exchanges charge for access to their "depth-of-book" data violate the Exchange Act.
The DC Circuit held that section 19(d)'s text does not contemplate challenges to generally-applicable fee rules, and the remedy and notice provisions are incompatible with a challenge to fee rules that do not target specific individuals or entities. The court exercised its jurisdiction under 15 U.S.C. 78y(a) and granted the petitions for review of the Commission's decision, vacated, and remanded for further proceedings.
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