In considering whether Rule 5.7.1 has been complied with, the following factors are relevant:
(a) whether the Trading Member or the Trading Representative acts in accordance with the Trading Member or the Trading Representative's customers' instructions;
(b) whether orders that do not involve the exercise of discretion by the Trading Representative are entered in the sequence in which they are received, and otherwise as expeditiously as practicable;
(c) whether in a situation where the time the orders were received cannot be clearly established and one of the orders is for the Trading Member or the Trading Representative's own account, the Trading Member or the Trading Representative gives preference to the order of a customer over any order for the Trading Member or the Trading Representative's own account;
(d) whether the Trading Member or the Trading Representative who is aware of a customer's unexecuted instructions ensures that it does not use that information to:
(i) the disadvantage of the customer; or
(ii) the Trading Member or the Trading Representative's own benefit.
Added on 3 June 20193 June 2019.