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NASDAQ STOCK MARKET LLC v. SEC

No. 21-1100 Consolidated with 21-1101, 21-1102.

34 F.4th 1105 (2022)

The NASDAQ STOCK MARKET LLC, et al., Petitioners v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 24, 2022.

Attorney(s) appearing for the Case

Thomas G. Hungar argued the cause for petitioners. With him on the briefs were Paul S. Mishkin , Matthew A. Kelly , Amir C. Tayrani , Joshua M. Wesneski , Paul E. Greenwalt III , and Michael K. Molzberger .

Dominick V. Freda , Assistant General Counsel, Securities and Exchange Commission, argued the cause for respondent. With him on the brief were Michael A. Conley, Solicitor, Daniel Staroselsky , Senior Litigation Counsel, and Brooke J. Wagner , Senior Counsel.

Before: Rogers and Rao, Circuit Judges, and Randolph, Senior Circuit Judge.

In 2020, the Securities and Exchange Commission revised its decades-old regulation concerning securities market data, which had become largely obsolete in the face of transformative technological advances. Petitioners, securities exchanges that also develop and sell proprietary securities market data products using the data...

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