[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Notices]
[Pages 42567-42571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10590]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-100089; File No. SR-C2-2024-006]


Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Relating 
To Amend Its Fees Schedule

May 9, 2024.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on May 1, 2024, Cboe C2 Exchange, Inc. (the ``Exchange'' or 
``C2'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'') proposes to 
amend its Fees Schedule. The text of the proposed rule change is 
provided in Exhibit 5.
    The text of the proposed rule change is also available on the 
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), at the Exchange's Office of the Secretary, and at 
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set

[[Page 42568]]

forth in sections A, B, and C below, of the most significant aspects of 
such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Fees Schedule, effective May 1, 
2024.
    The Exchange first notes that it operates in a highly competitive 
market in which market participants can readily direct order flow to 
competing venues if they deem fee levels at a particular venue to be 
excessive or incentives to be insufficient. More specifically, the 
Exchange is only one of 17 options venues to which market participants 
may direct their order flow. Based on publicly available information, 
no single options exchange has more than approximately 15% of the 
market share.\3\ Thus, in such a low-concentrated and highly 
competitive market, no single options exchange, including the Exchange, 
possesses significant pricing power in the execution of option order 
flow. The Exchange believes that the ever-shifting market share among 
the exchanges from month to month demonstrates that market participants 
can shift order flow or discontinue to reduce use of certain categories 
of products, in response to fee changes. Accordingly, competitive 
forces constrain the Exchange's transaction fees, and market 
participants can readily trade on competing venues if they deem pricing 
levels at those other venues to be more favorable.
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    \3\ See Cboe Global Markets U.S. Options Market Volume Summary 
by Month (April 29, 2024), available at https://markets.cboe.com/us/options/market_statistics/.
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Fee Code Updates
    The Exchange first proposes to increase fees for Non-Customer, Non-
Market Maker and Market-Maker orders that remove liquidity in Penny 
Classes. Currently, the Exchange assesses a fee of $0.49 per contract 
for Non-Customer, Non-Market Maker orders and Market-Maker orders that 
remove liquidity in Penny Classes (which orders yield fee codes ``PP'' 
and ``PR'', respectively). The Exchange proposes to increase the Penny 
Class Remove transaction fee for Non-Customer, Non-Market Maker orders 
and Market-Maker orders, from $0.49 per contract to $0.50 per 
contract.\4\
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    \4\ The Exchange also proposes to update the rate for fee codes 
PP and PR within the Transactions Fees section of the Fees Schedule.
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    Additionally, the Exchange proposes to amend fees for Public 
Customer orders in SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, HYG, PLTR, 
TSLA \5\ and XLF that remove liquidity. Currently, the Exchange 
assesses a fee of $0.37 per contract for Public Customer orders in SPY, 
AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, HYG, PLTR, TSLA and XLF that 
remove liquidity (which orders yield fee code ``SC''). The Exchange 
proposes to amend the transaction fee for Public Customer orders in 
SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, HYG, PLTR, TSLA and XLF that 
remove liquidity (and yield fee code SC) from $0.37 per contract to 
$0.40 per contract.\6\
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    \5\ As part of the proposed rule change, the Exchange proposes 
to correct the spelling of ``TSLA'' (from ``TLSA'') throughout the 
Fees Schedule.
    \6\ The Exchange also proposes to update the rate for fee code 
SC within the Transactions Fees section of the Fees Schedule.
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    The Exchange next proposes to amend the rebate for C2 Market-Maker 
orders in SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, HYG, PLTR, TSLA and 
XLF that add liquidity. Currently, the Exchanges provides a rebate of 
$0.20 per contract for C2 Market-Maker orders in SPY, AAPL, QQQ, IWM, 
SLV, AMC, AMD, AMZN, HYG, PLTR, TSLA and XLF that add liquidity (which 
orders yield fee code ``SM''). The Exchange proposes to amend the 
rebate provided for C2 Market-Maker orders in SPY, AAPL, QQQ, IWM, SLV, 
AMC, AMD, AMZN, HYG, PLTR, TSLA and XLF that add liquidity (and yield 
fee code ``PM''), from $0.20 per contract to $0.28 per contract.\7\
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    \7\ The Exchange also proposes to update the rate for fee code 
SM within the Transactions Fees section of the Fees Schedule.
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    Additionally, the Exchange proposes to amend Footnote 1 (Market 
Maker Volume Tiers), applicable to qualifying C2 Market-Maker orders 
yielding fee code SM. Pursuant to Footnote 1 of the Fee Schedule, the 
Exchange currently offers four Market-Maker Volume Tiers, which provide 
enhanced rebates between $0.26 and $0.32 per contract for qualifying 
Market-Maker orders yielding fee code SM where a TPH meets required 
criteria. Specifically, Tier 1 provides an enhanced rebate of $0.26 per 
contract where a TPH: (1) has an ADAV \8\ in Market-Maker orders in 
SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, HYG, PLTR, TLSA, and XLF 
(i.e., yielding fee codes SM or SL) greater than or equal to 0.15% of 
Average OCV.\9\ Tier 2 provides a higher rebate of $0.28 per contract 
where a TPH meets the more stringent criteria of having an ADAV in 
Market-Maker orders in SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, HYG, 
PLTR, TLSA, and XLF (i.e., yielding fee codes SM or SL) greater than or 
equal to 0.35% of Average OCV. Tier 3 provides a rebate of $0.31 per 
contract if a TPH has an ADAV in Market-Maker orders in SPY, AAPL, QQQ, 
IWM, SLV, AMC, AMD, AMZN, HYG, PLTR, TSLA, and XLF (i.e., yielding fee 
codes SM or SL) greater than or equal to 0.60% of Average OCV. Finally, 
Tier 4 provides an enhanced rebate of $0.32 per contract if a TPH has 
an ADAV in Market-Maker orders in SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, 
AMZN, HYG, PLTR, TSLA, and XLF (i.e., yielding fee codes SM or SL) 
greater than or equal to 0.70% of Average OCV.
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    \8\ ``ADAV'' means average daily added volume calculated as the 
number of contracts added, per day.
    \9\ ``OCV'' means, the total equity and ETF options volume that 
clears in the Customer range at the Options Clearing Corporation 
(``OCC'') for the month for which the fees apply, excluding volume 
on any day that the Exchange experiences an Exchange System 
Disruption and on any day with a scheduled early market close.
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    The Exchange proposes to amend the required criteria for Tiers 1 
through 4, as well as the associated enhanced rebates. Specifically, 
the Exchange proposes to: amend Tier 1 criteria to state that a TPH 
must have an ADAV in Market-Maker orders in SPY, AAPL, QQQ, IWM, SLV, 
AMC, AMD, AMZN, HYG, PLTR, TSLA, and XLF (i.e., yielding fee codes SM 
or SL) greater than or equal to 0.35% of Average OCV; amend Tier 2 
criteria to state that a TPH must have an ADAV in Market-Maker orders 
in SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, HYG, PLTR, TSLA, and XLF 
(i.e., yielding fee codes SM or SL) greater than or equal to 0.65% of 
Average OCV; amend Tier 3 criteria to state that a TPH must have an 
ADAV in Market-Maker orders in SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, 
AMZN, HYG, PLTR, TSLA, and XLF (i.e., yielding fee codes SM or SL) 
greater than or equal to 0.85% of Average OCV; and amend Tier 4 
criteria to state that a TPH must have an ADAV in Market-Maker orders 
in SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, HYG, PLTR, TSLA, and XLF 
(i.e., yielding fee codes SM or SL) greater than or equal to 1.05% of 
Average OCV. Additionally, the Exchange proposes to change the enhanced 
rebate for Tier 1 from $0.26 per contract to $0.30 per contract, for 
Tier 2 from $0.28 per contract to $0.32 per contract, for Tier 3 from 
$0.31 to $0.34 per contract, and for Tier 4 from $0.32 per contract to 
$0.36.
    Finally, the Exchange proposes to amend the Access Fees section of 
the Fees Schedule. Currently, the Fees Schedule states that Trading 
Permit

[[Page 42569]]

Holders will only be assessed a single monthly fee for each type of 
Trading Permit it holds and provides the example that a TPH with two 
Market-Maker Permits and one Electronic Access Permit would be assessed 
a total of $6,000 per month ($5,000 for a Market-Maker Permit and 
$1,000 for an Electronic Access Permit). The Exchange proposes to 
correct an inaccuracy contained within the example. Specifically, the 
Exchange proposes to remove reference to two Market-Maker Permits, as 
TPHs are not permitted to hold two Market-Maker permits. As amended the 
language would read that a TPH with one Market-Maker Permit and one 
Electronic Access Permit would be assessed a total of $5,000 per month 
($5,000 for a Market-Maker Permit and $1,000 for an Electronic Access 
Permit).
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\10\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \11\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \12\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers. The Exchange also believes the proposed rule 
change is consistent with Section 6(b)(4) of the Act,\13\ which 
requires that Exchange rules provide for the equitable allocation of 
reasonable dues, fees, and other charges among its Trading Permit 
Holders and other persons using its facilities.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ Id.
    \13\ 15 U.S.C. 78f(b)(4).
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    As described above, the Exchange operates in a highly competitive 
market in which market participants can readily direct order flow to 
competing venues if they deem fee levels at a particular venue to be 
excessive or incentives to be insufficient. Further, the Exchange notes 
that other exchanges offer tiered product-specific pricing and/or 
incentives.\14\ The proposed changes to Exchange execution fees and 
rebates are intended to attract order flow to the Exchange by 
continuing to offer competitive pricing while also creating additional 
incentives to providing aggressively priced displayed liquidity, which 
the Exchange believes would enhance market quality to the benefit of 
all market participants.
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    \14\ See, e.g., MIAX Pearl Fee Schedule, Section 1 Transaction 
Rebates/Fees, which provides for product-specific pricing for SPY, 
QQQ, and IWM; and Nasdaq ISE Pricing Schedule, Section 3, Footnote 
5, which provides for tiered rebates for Market Maker SPY, QQQ, IWM 
orders that add liquidity between $0.10 and $0.26 per contract, as 
well as tired [sic] rebates for Market Maker orders in similar, 
single-name options (AMZN, META, and NVDA) between $0.15 and $0.22.
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    The Exchange believes the proposed change to increase the standard 
fee for Non-Customer, Non-Market Maker and Market-Maker orders that 
remove liquidity in Penny Classes (i.e., yield fee codes fee codes 
``PP'' and ``PR'', respectively) and Public Customer orders in SPY, 
AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, HYG, PLTR, TSLA and XLF that 
remove liquidity (which orders yield fee code ``SC'') are reasonable 
because they are modest increases and are still in line with (and in 
some instances lower than) fees assessed for similar transactions at 
other exchanges.\15\ The Exchange believes the proposed changes are 
equitable and not unfairly discriminatory as they will apply to all 
Non-Customer, Non-Market Maker and Market-Maker orders that remove 
liquidity in Penny Classes (i.e., yield fee codes fee codes ``PP'' and 
``PR'', respectively) and all Public Customer orders in SPY, AAPL, QQQ, 
IWM, SLV, AMC, AMD, AMZN, HYG, PLTR, TSLA and XLF that remove liquidity 
(which orders yield fee code ``SC'') equally, as applicable.
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    \15\ See, e.g., MIAX Pearl Fee Schedule, Section 1 Transaction 
Rebates/Fees, which provides for fees of $0.42 to $0.46 per contract 
for priority customer SPY orders that remove liquidity, $0.45 to 
$0.48 per contract for priority customer IWM and QQQ orders that 
remove liquidity, $0.47 to $0.48 per contract for priority customer 
orders in Penny Classes other than SPY, QQQ and IWM orders that 
remove liquidity, $0.50 per contract for Non-Priority Customer, 
Firm, BD and Non-MIAX Pearl Market Maker orders in Penny Classes 
that remove liquidity, and $0.50 per contract for all MIAX Pearl 
Market Maker orders in Penny Classes that remove liquidity. See also 
Nasdaq ISE Pricing Schedule, Section 3, Footnote 5, which provides 
for fees of $0.46 per contract for Priority Customer orders in 
Select Symbols that remove liquidity.
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    Further, the Exchange believes the proposed change to increase the 
rebate for C2 Market-Maker orders in SPY, AAPL, QQQ, IWM, SLV, AMC, 
AMD, AMZN, HYG, PLTR, TSLA and XLF that add liquidity (which yield fee 
code ``SM'') is reasonable, because such market participants are 
providing liquidity in SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, HYG, 
PLTR, TSLA and XLF options to the benefit of all market participants. 
Increased add volume order flow, particularly by liquidity providers, 
contributes to a deeper, more liquid market, which, in turn, provides 
for increased execution opportunities and thus overall enhanced price 
discovery and price improvement opportunities on the Exchange. As such, 
this benefits all market participants by contributing towards a robust 
and well-balanced market ecosystem, offering additional flexibility for 
all investors to enjoy cost savings, supporting the quality of price 
discovery, promoting market transparency and improving investor 
protection.
    The Exchange believes its proposed change is reasonable as it is 
competitive and in line with pricing of at least one other 
exchange.\16\ Additionally, the Exchange believes that it is equitable 
and not unfairly discriminatory to assess higher rebates to Market-
Makers that add liquidity as compared to other market participants, 
because Market-Makers, unlike other market participants, take on a 
number of obligations, including quoting obligations, which other 
market participants do not have. Further, these rebates are intended to 
incentivize Market-Makers to quote and trade more on the Exchange, 
thereby providing more trading opportunities for all market 
participants. The Exchange notes that the proposed changes to Market-
Maker rebates for orders in SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, 
HYG, PLTR, TSLA and XLF that add liquidity will be applied equally to 
all Market-Makers.
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    \16\ See, e.g., MIAX Pearl Fee Schedule, Section 1 Transaction 
Rebates/Fees, which provides for rebates ranging between $0.22 and 
$0.48 for all MIAX Pearl Market Maker orders in Penny Classes that 
add liquidity.
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    The Exchange believes the Market-Maker Volume Tiers, as amended, 
continue to be a reasonable means to encourage Market-Makers to 
increase their order flow to specific multiply-listed options on the 
Exchange (i.e., SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, HYG, PLTR, 
TSLA, and XLF). The Exchange notes that increased Market-Maker 
activity, particularly, facilitates tighter spreads and an increase in 
overall liquidity provider activity, both of which signal additional 
corresponding increase in

[[Page 42570]]

order flow from other market participants, contributing towards a 
robust, well-balanced market ecosystem, particularly in multiply-listed 
options on the Exchange. The Exchange also believes that the proposed 
enhanced rebates offered under Tiers 1 through 4 are reasonably based 
on the difficulty of satisfying the tiers' amended criteria and ensures 
the proposed rebate and thresholds appropriately reflect the 
incremental difficulty in achieving the Market-Maker Volume Tier. The 
Exchange believes that the proposed enhanced rebates are also in line 
with the enhanced rebates currently offered by another exchange for 
similar products.\17\
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    \17\ See, e.g., MIAX Pearl Fee Schedule, Section 1 Transaction 
Rebates/Fees, which provides for rebates ranging between $0.22 and 
$0.48 for all MIAX Pearl Market Maker orders in Penny Classes that 
add liquidity.
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    The Exchange believes that the Market-Maker Volume Tiers, as 
amended, represent an equitable allocation of fees and is not unfairly 
discriminatory because it applies uniformly to all Market-Makers, in 
that all Market-Makers have the opportunity to compete for and achieve 
the proposed tiers. The enhanced rebates will apply automatically and 
uniformly to all Market-Makers that achieve the proposed corresponding 
criteria. While the Exchange has no way of knowing whether this 
proposed rule change would definitively result in any particular 
Market-Maker qualifying for the proposed tiers, the Exchange believes 
that approximately five Market-Makers will reasonably be able to 
achieve the amended criteria in Tier 1; approximately one Market-Makers 
[sic] will be able to achieve the amended criteria in Tier 2; and 
currently no Market-Makers would be able to achieve the amended 
criteria in Tiers 3 and 4. The Exchange notes that the tiers are open 
to any Market-Maker that satisfies the tiers' criteria.
    The Exchange lastly notes that it does not believe the tiers, as 
amended, will adversely impact any TPH's pricing. Rather, should a TPH 
not meet the proposed criteria, the TPH will merely not receive the 
enhanced rebates corresponding to the tiers, and will instead receive 
the standard rebate.
    Finally, the Exchange believes the proposed change to the Access 
Fees section of the Fees Schedule is reasonable, as the proposed change 
corrects an inaccurate reference within the Fees Schedule, thereby 
mitigating any potential confusion for TPHs.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange believes the 
proposed rule change does not impose any burden on intramarket 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. Particularly, the proposed change applies to all 
similarly situated TPHs equally. As noted above, the changes to 
increase the standard transaction fees for Non-Customer, Non-Market 
Maker and Market-Maker orders that remove liquidity in Penny Classes 
(i.e., yield fee codes fee codes ``PP'' and ``PR'', respectively) and 
Public Customer orders in SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, 
HYG, PLTR, TSLA and XLF that remove liquidity (which orders yield fee 
code ``SC'') will be applied equally to all Non-Customer, Non-Market 
Maker and Market-Maker orders that remove liquidity in Penny Classes 
(i.e., yield fee codes fee codes ``PP'' and ``PR'', respectively) and 
all Public Customer orders in SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, 
HYG, PLTR, TSLA and XLF that remove liquidity (which orders yield fee 
code ``SC'') equally, as applicable.
    Further, the proposed changes to Market-Maker rebates for orders in 
SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, HYG, PLTR, TSLA and XLF that 
add liquidity will be applied equally to all Market-Makers. The 
Exchange believes that the proposed change to increase the C2 Market-
Maker rebate for orders in SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, 
HYG, PLTR, TSLA, and XLF will incentivize entry on the Exchange of more 
aggressive SPY, AAPL, QQQ, IWM, SLV, AMC, AMD, AMZN, HYG, PLTR, TSLA, 
and XLF orders that will maintain tighter spreads, benefitting both 
TPHs and public investors criteria and, as a result, provide for deeper 
levels of liquidity, increasing trading opportunities for other market 
participants, thus signaling further trading activity, ultimately 
incentivizing more overall order flow and improving price transparency 
on the Exchange. Finally, as noted above, the changes to the Market-
Maker Volume Tiers apply uniformly to all Market-Makers, in that all 
Market-Makers have the opportunity to compete for and achieve the 
tiers, as amended; the enhanced rebates, as amended, will apply 
automatically and uniformly to all Market-Makers that achieve the 
proposed corresponding criteria. Finally, the Exchange believes the 
proposed change to the Access Fees section of the Fees Schedule will 
not impose a burden on competition, as the proposed change merely 
corrects an inaccurate reference within the Fees Schedule, thereby 
mitigating any potential confusion for TPHs.
    Next, the Exchange believes the proposed rule change does not 
impose any burden on intermarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. As previously 
discussed, the Exchange operates in a highly competitive market. TPHs 
have numerous alternative venues that they may participate on and 
director [sic] their order flow, including 16 other options exchanges 
and off-exchange venues. Additionally, the Exchange represents a small 
percentage of the overall market. Based on publicly available 
information, no single options exchange has more than 15% of the market 
share.\18\ Therefore, no exchange possesses significant pricing power 
in the execution of option order flow. Indeed, participants can readily 
choose to send their orders to other exchange and off-exchange venues 
if they deem fee levels at those other venues to be more favorable. 
Moreover, the Commission has repeatedly expressed its preference for 
competition over regulatory intervention in determining prices, 
products, and services in the securities markets. Specifically, in 
Regulation NMS, the Commission highlighted the importance of market 
forces in determining prices and SRO revenues and, also, recognized 
that current regulation of the market system ``has been remarkably 
successful in promoting market competition in its broader forms that 
are most important to investors and listed companies.'' The fact that 
this market is competitive has also long been recognized by the courts. 
In NetCoalition v. Securities and Exchange Commission, the D.C. Circuit 
stated as follows: ``[n]o one disputes that competition for order flow 
is `fierce.' . . . As the SEC explained, `[i]n the U.S. national market 
system, buyers and sellers of securities, and the broker-dealers that 
act as their order-routing agents, have a wide range of choices of 
where to route orders for execution'; [and] `no exchange can afford to 
take its market share percentages for granted' because `no exchange 
possesses a monopoly, regulatory or otherwise, in the execution of 
order flow from broker dealers'. . . .''. Accordingly, the Exchange 
does not believe its proposed fee change imposes any burden on 
competition that is not necessary or

[[Page 42571]]

appropriate in furtherance of the purposes of the Act.
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    \18\ See supra note 3.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \19\ and paragraph (f) of Rule 19b-4 \20\ 
thereunder. At any time within 60 days of the filing of the proposed 
rule change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
file number SR-C2-2024-006 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to file number SR-C2-2024-006. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for website viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE, 
Washington, DC 20549, on official business days between the hours of 10 
a.m. and 3 p.m. Copies of the filing also will be available for 
inspection and copying at the principal office of the Exchange. Do not 
include personal identifiable information in submissions; you should 
submit only information that you wish to make available publicly. We 
may redact in part or withhold entirely from publication submitted 
material that is obscene or subject to copyright protection.
    All submissions should refer to file number SR-C2-2024-006 and 
should be submitted on or before June 5, 2024.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-10590 Filed 5-14-24; 8:45 am]
BILLING CODE 8011-01-P