It doesn't look as if a newly released Senate study on the woes of Chicago wheat futures is going to settle anything, as industry reaction is falling along pre-established lines.
Titled "Excessive Speculation in the Wheat Market," the report released by the Senate Permanent Subcommittee on Investigations places blame for the lack of convergence in wheat futures in the hands of index traders whose long-only positions, the report says, created excess demand for wheat futures, widening basis from an average of about 13 cents per bushel in 2005 to $1.53 in 2008. Index traders were able to exert such influence because the Commodity Futures Trading Commission eased limits on positions such traders could take, starting in 1991 and expanded in 2006. The exemptions allowed six index traders to hold up to nearly 130,000 wheat futures contracts at any one time; without those exemptions, they would have been limited to about 39,000 contracts, the report said.
The full report runs to 247 pages and incorporates a tutorial on futures trading, a history of markets, the advent of index speculation, futures market theory and the interaction of markets and crop insurance.
In its recommendations, the report calls on CFTC to phase out those exemptions, and it says it may also be necessary for CFTC to roll back position limits to the pre-2005 levels.
Industry reaction? Predictably, the CME Group was quick to disagree with the recommendations:
"CME Group applauds government efforts to ensure effective regulation of commodity futures markets. Nevertheless, we disagree with the findings and recommendations in the Subcommittee Report, which is based on anecdotal information versus sound empirical and economic analysis. The Subcommittee Report is contradicted by four separate studies conducted by The Commodity Futures Trading Commission ("CFTC"), the Government Accountability Office ("GAO"), Informa Economics Inc. ("Informa") and CME Group -- all of which concluded that there is no causality between market participation of index funds and non-commercial traders and wheat price levels or cash market convergence at expiration.
"The CFTC, the GAO, Informa, and CME Group, all used in-depth market data to analyze how changes in the positions of index funds and other market participants are related to price changes, as well as the price differential between wheat cash and futures prices. Each study concluded that fundamental supply and demand factors related to crop failures, strong economic growth in many importing nations, acreage switching caused by demand for bio-fuels, and currency volatility have all been responsible for recent periods of increased volatility and price swings in commodity markets. CME Group is committed to working with regulators and government officials to ensure the effective functioning of our markets, as well as the ability of all market users to access our markets on a non-discriminatory basis for bona fide investing and portfolio management purposes.
"CME Group, along with the CFTC and broader industry participants, have developed a number of steps to address convergence issues in the Wheat contract, including implementing seasonal storage rates, additional delivery territories, and reduced vomitoxin levels. These changes, which are being implemented beginning with the July 2009 contract, are expected to improve convergence between cash and futures prices."
The National Grain and Feed Association struck a middle ground between the committee report and the CME:
"The report of the Senate Permanent Subcommittee on Investigations provides an insightful appraisal of the declining performance of the CBOT wheat futures contract. The report reflects a view that has been expressed by the National Grain and Feed Association (NGFA) for several years: the CBOT market for wheat has fundamental problems and is not providing the kind of pricing and hedging performance needed to market grain efficiently and to provide forward-pricing contracts to producers that reflect the market.
"While the NGFA continues to review the details of the 247-page report, it concurs with the report's finding that the influx of capital from new players in the marketplace has contributed to the lack of convergence and placed financial stress on grain hedgers, particularly during periods of market volatility. This, in turn, has curtailed marketing options for producers as grain elevators and other grain purchasers have been forced to reduce offerings of forward cash contracts.
"The NGFA believes that phasing out existing hedge exemptions and so-called 'no-action' relief from speculative position limits for index funds and other investment capital is warranted and could enhance CBOT wheat futures contract performance. In this regard, the NGFA has conveyed its support to the Commodity Futures Trading Commission (CFTC) for a concept that would roll back the agency's 1991 'swaps policy' under which swap dealers have qualified for hedge exemptions. Specifically, the NGFA favors establishing a limited "risk-management exemption" under which swap dealers would need to apply to the CFTC and be approved for an exemption based upon the nature of their clients. Only 'commercial' business -- broadly defined as traditional, physical hedgers -- would qualify for the exemption. In addition, the NGFA supports phasing out -- over some reasonable time period -- 'no-action' relief granted to two index funds by the CFTC, under which they have exceeded speculative position limits."
And the National Association of Wheat Growers and the U.S. Wheat Associates released this response:
"The futures markets need to work effectively and fairly for producers and all participants in the market. The price discovery function of the futures markets are essential. The report clearly points out the magnitude of investment expansion by index funds in the market, and the convergence problems that developed at the same time. Speculators serve a vital role in the market but they cannot be allowed to interfere with the market's primary function of price discovery. The wheat industry is involved in this discussion -- Vince Peterson, USW's Vice President of Overseas Operations and a former grain trader is a member of a sub-committee advising the CFTC about the issue of convergence."
And from CFTC Chairman Gary Gensler: "Chairman Levin's thorough report is a significant contribution in understanding the potential effects of index trading in the wheat market, and other commodity futures markets. As the Commission continues our own analysis and appropriate regulatory responses, Chairman Levin's recommendations will be giving the utmost attention and careful consideration."