Section 1 Rulemaking considerations
“(i) Consideration of Promotion of Efficiency, Competition, and Capital Formation—In issuing or modifying any regulation under this section, the appropriate Federal banking agencies, the Commodity Futures Trading Commission, and the Securities and Exchange Commission—
“(1) shall consider whether the regulation is necessary or appropriate in the public interest;
“(2) shall consider whether the regulation will promote efficiency, competition, and capital formation;
“(3) shall consider, among other matters, the impact the regulation would have on competition;
“(4) may not adopt the regulation if it would impose a burden on competition not necessary or appropriate in furtherance of the purposes of this section; and
“(5) shall include in the statement of basis and purpose incorporated in the regulation adopted under this section, the reasons for the determination under paragraph (4) that any burden on competition imposed by the regulation is necessary or appropriate in furtherance of the purposes of this section.”