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NASDAQ STOCK MARKET v. SECURITIES & EXCHANGE COM'N

No. 21-1167 Consolidated with 21-1168, 21-1169.

38 F.4th 1126 (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 July 5, 2022.

Attorney(s) appearing for the Case

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

Tracey A. Hardin , Assistant General Counsel, Securities and Exchange Commission, argued the cause for respondent. With her on the brief were Dan M. Berkovitz , General Counsel, Michael A. Conley , Solicitor, and Emily True Parise , Senior Litigation Counsel.

Robert A. Skinner and Douglas H. Hallward-Driemeier were on the brief for amicus curiae Investment Company Institute in support of respondent.

Before: Henderson and Wilkins, Circuit Judges, and Sentelle, Senior Circuit Judge.

The Securities Exchange Act of 1934 (Exchange Act), 15 U.S.C. § 78a et seq., directs the Securities and Exchange Commission (Commission) to facilitate the establishment of a national market system (NMS), a key component of which is the public dissemination of market data regarding quotations for...

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