Katten

KattenMuchinRosenman uk LLP

Paternoster House

65 St Paul's Churchyard
London, EC4M 8AB
+44 (0) 20 7776 7620 tel
+44 (0) 20 7776 7621 fax
www. kattenlaw.co.uk

carolyn jackson@kattenlaw.co.uk
+44 (0) 20 7776 7625 direct

24 May 2019 Ref No. 385248 00002 CHJ:md

Via E-mail and by courier

CFTC FOIA Compliance Office
Commodity Futures Trading Commission
Three Lafayette Centre

1155 21% Street, NW

Washington DC 20581

United States of America

Dear Sir or Madam:

Re: FOIA CONFIDENTIAL TREATMENT REQUEST
Pursuant to 17 C.F.R. §§ 48.5(c), 145.5, 145.9

In accordance with the provisions of Commission Regulations 48.5(c), 145.5 and 145.9, Katten
Muchin Rosenman UK LLP on behalf of Nasdaq Oslo ASA (Nasdaq) hereby requests
confidential treatment of the material described in Appendix A to this letter (the Confidential
Submission).

Confidential treatment is requested, inter alia, on the grounds that the Confidential Submission
contains data and information which would separately disclose business transactions and trade
secrets that may not be disclosed to third parties, as provided in Section 8(a) of the Commodity
Exchange Act and Commission Regulation 145.5(c)(1). Confidential treatment additionally is
requested on the grounds that the Confidential Submission is exempt from disclosure under
paragraph (b)(4) of the Freedom of Information Act (FOIA) and Commission Regulations
145.5(d) and 145.9(d)(1)(ii) because it contains commercial and financial information as well
as proprietary information regarding business procedures and systems that are confidential and
would be of material assistance to competitors of Nasdaq and should be protected from public
disclosure pursuant to this exemption.

Nasdaq requests that the Confidential Submission be afforded confidential treatment for the
maximum amount of time permitted.

Nasdaq understands that if a FOIA request is submitted to the Commodity Futures Trading
Commission (Commission) in respect of the Confidential Submission, Nasdaq will be notified
of such request in accordance with the Commission's regulations and be asked to submit, within
ten business days, a detailed written justification for confidential treatment of the Confidential
Submission. See Commission Rule § 145.9(e)(1); see also Executive Order 12600, 52 Fed.

Kallen Muchin Rosenman UK LLP s a Limited Liabilly Partnership of soliclors and registered foreign lawyers registered in England & Wales,
‘ulhorsed and regulated by the Soicllors Regulalion Aulhorly, whose registered office Isat Paternoster House, 85 SI. Paul's Churchyard, London ECéM BAB, Registered No OC912614

‘is of he members of Kallen Muchin Rosenman UK LLP is avalable for inspection al the registered office
‘We use the word “partner” to refer to amember ofthe LLP.

Kallen Muchin Rosenman UK LLP of England & Wales is associated with Kallen Muchin Rosenman LLP, a US Limited Liability Partnership with offices in
AUSTIN CENTURYCITY CHARLOTTE CHICAGO DALLAS_-—« HOUSTON LOS ANGELES
NEWYORK ORANGE COUNTY SANFRANCISCO BAY AREA = SHANGHAI WASHINGTON, DC
TANIAT 917A98NWT 2eE742-NANND


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KattenMuchinRosenman ux LLP

24 May 2019
Page 2

Reg. 23781 (June 23, 1987) (detailing pre-disclosure notification procedures under FOIA). In
such event, Nasdaq requests that Commission staff telephone or email the undersigned rather
than rely upon United States mail for such notice.

If the Commission or its staff transmits any of the Confidential Submission to another federal
agency, Nasdaq requests that you forward a copy of this letter to any such agency with the
Confidential Submission and further request that you advise any such agency that Nasdaq has
requested that this material be accorded confidential treatment.

The requests set forth in the preceding paragraphs also apply to any memoranda, notes,
transcripts or other writings of any sort whatsoever that are made by, or at the request of, any
employee of the Commission (or any other federal agency) and which (1) incorporate, include
or relate to any aspect of the Confidential Submission; or (2) refer to any conference, meeting,
or telephone conversation between Nasdaq, its current or former employees, representatives,
agents, auditors or counsel on the one hand and employees of the Commission (or any other
government agency) on the other, relating to the Confidential Submission.

Please acknowledge your receipt of this confidential treatment request by date stamping the
enclosed extra copy of this letter and returning it to the undersigned in the enclosed self-
addressed postage-prepaid envelope. Any questions regarding this request for Confidential
Treatment, as well as any notices pursuant to the Commission Rules cited herein, should be
directed to the attention of the undersigned at the addresses and telephone number provided
herein.

SOK ROR KK Ok Kk

Members of the Commission staff may contact me by phone at +44 207 776 7625 or by email
at carolyn.jackson@kattenlaw.co.uk to ask questions or to obtain additional information.

Yours faithfully

ZG Az é
“Carolyn H. Ja
Partner

Enc. (Appendix A)

ce: Jasmine Lee, Special Counsel, Commodity Futures Trading Commission

TANT 917179M1 226742-AANN?


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Katten MuchinRosenman uk LLP

24 May 2019
Page 3

APPENDIX A
1. Execution page to Exhibit A-9

2. Documents 31, 32, 33, 35a, 35b, 37, 38 and 39

TANAI 9A9A79M1 226708.0NNN