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SEC v THE AMERICAN STOCK EXCHANGE, INC Click to find out why . . .



Keywords & Phrases
CaseNo: 34-42312, Defendant: The American Stock Exchange, Inc., Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-42312, Exchange Act, Plan, Commission, Review, National Market System, Diamonds, Securities, Discretion, Stock Exchange, Consolidated Tape Association, Transactions, Revenue, Transaction Information, Cta Plan, Sale, Appeals, American Stock Exchange, Commission Declines, Revenue-sharing Provisions, Calculation, Derivative Product, Unlisted Trading Privileges, Dow Jones, Amendments, Trade Diamonds, Participant, Connection, Cse, Authority, Washington , ContentID: 120247169

Case Documents
1 2000-01-04 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117319
10 pages
HTML
Total Documents: 1 document , 10 pages
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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
PLAN
COMMISSION
REVIEW
NATIONAL MARKET SYSTEM
DIAMONDS
SECURITIES
DISCRETION
STOCK EXCHANGE
CONSOLIDATED TAPE ASSOCIATION
TRANSACTIONS
REVENUE
TRANSACTION INFORMATION
CTA PLAN
SALE
APPEALS
AMERICAN STOCK EXCHANGE
COMMISSION DECLINES
REVENUE-SHARING PROVISIONS
CALCULATION
DERIVATIVE PRODUCT
UNLISTED TRADING PRIVILEGES
DOW JONES
AMENDMENTS
TRADE DIAMONDS
PARTICIPANT
CONNECTION
CSE
AUTHORITY
WASHINGTON
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.

SECURITIES EXCHANGE ACT OF 1934
Rel. No. 42312 / January 4, 2000

   Admin. Proc. File No. 3-9756


   In the Matter of the Application of

    THE AMERICAN STOCK EXCHANGE, INC.



OPINION OF THE COMMISSION

   CONSOLIDATED TAPE ASSOCIATION -- REVIEW OF NATIONAL MARKET SYSTEM PLAN
   ACTION PURSUANT TO RULE 11Aa3-2(e) UNDER THE SECURITIES EXCHANGE ACT

   Jurisdiction to Review Action of Plan

   Consolidated Tape Association voted to exclude from the calculation of
   petitioner's annual share, under the revenue-sharing provisions of the
   Association's national market system plan, revenue generated from the
   sale of transaction information in a derivative product known as
   Diamonds. Held, the Commission declines to exercise its discretion to
   review this action under Rule 11Aa3-2(e) of the Securities Exchange
   Act of 1934, and application for review is dismissed.

   APPEARANCES

   Stuart I. Friedman, Friedman, Wittenstein & Hochman, for the American
   Stock Exchange, Inc.

   Thomas E. Haley, for the Consolidated Tape Association.

   George W. Mann, Jr., for the Boston Stock Exchange, Inc.

   Michael P. Roundtree, for the Pacific Exchange, Inc.

   Appeal filed September 11, 1998
   Last brief received June 7, 1999

   I.

   The American Stock Exchange, Inc. ("Amex") seeks review pursuant to
   Rule 11Aa3-2(e) under the Securities Exchange Act of 1934 of action
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • Washington, D.C.
  • CONSOLIDATED TAPE ASSOCIATION -- REVIEW OF NATIONAL MARKET SYSTEM PLAN
  • ACTION PURSUANT TO RULE 11Aa3-2UNDER THE SECURITIES EXCHANGE ACT
  • Consolidated Tape Association voted to exclude from the calculation of petitioner's annual
  • Held, the Commission declines to exercise its discretion to review this action under Rule
  • Stuart I. Friedman, Friedman, Wittenstein & Hochman, for the American Stock Exchange, Inc.
  • The Majority concluded that the Amex had entered into a contractual relationship granting it
  • The Commission, among other things, adopted a rule that required every national securities
  • To meet the requirements of the rule, various self-regulatory organizations filed with the
  • The CTA Plan provides for the collection and dissemination of "last sale" price information
  • Each CTA participant is entitled to receive its "annual share" of revenue, which is
  • the Amex entered into a licensing agreement with Dow Jones & Company.
  • the CSE expressed to Dow Jones its interest in trading Diamonds and questioned whether any
  • The Amex now appeals and requests the Commission to set aside the CTA's action and determine
  • Rule 11Aa3-2 governs the Commission's authority to hear appeals from action taken pursuant to
  • the legislative history of the 1975 Amendments indicates that Congress viewed the
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