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MEPs approve ban on ultrafast trading

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Published 29 October 2012

Europe's first direct curbs on ultrafast trading and investors who take bets on commodity prices moved a step nearer on Friday (26 October) when the European Parliament backed new securities rules.

Lawmakers want to tighten regulations on so-called high-frequency trading (HFT), which uses computers to dart in and out of markets in milliseconds and exploit tiny price differences, because they fear it makes markets more volatile.

They are also cracking down on speculation in commodities markets in a bid to reduce big price swings.

Meeting in full session in Strasbourg, the Parliament voted by 495 to 15 in favour of MiFID II, a draft law that updates EU securities rules to reflect lessons from the financial crisis and rapid advances in trading technology.

But it threw out an attempt to ban financial advisors from pocketing commission on the products they sell to consumers, sticking instead to requirements for better disclosure.

Law set to apply from 2014

The new rules include the introduction a synchronised clock for trading shares, bonds, commodities and other instruments across the EU so regulators can spot abuses more easily in a market where many exchanges and platforms trade the same shares.

Share orders would have to remain in the market for at least 500 milliseconds, far longer than HFT traders stay at present.

"That way, purely speculative business with high-frequency transactions will become unattractive," German MEP Markus Ferber, the centre-right lawmaker who is steering MiFID through Parliament.

The Parliament will now sit down with EU states to agree a final text that will become law around 2014, and the broad majority reinforces the lawmakers' negotiating hand.

Supporters of HFT argue it brings welcome volume to markets, making it easier for buyers and sellers to find counterparties.

The new rules also take aim at what some policymakers see as speculation in derivatives for commodities like food and oil by imposing caps on how many contracts can be held to avoid cornering markets.

Manufacturers who use derivatives to insure, or hedge, against risks of adverse price moves in raw materials would not be affected by the new position limits.

“A hedge fund, however, that only speculates on the price of steel, has no real need for that material and so his activities in the commodities markets should be limited,” Ferber said.

NGO claims loopholes remain in proposals

The latest compromise of the draft law being circulated among EU states takes a similar position.

The World Development Movement (WDM), an anti-poverty group, said lawmakers left loopholes which risk making the curbs ineffective. The limits should apply to all commodity contracts and for their full duration, the WDM said.

Arlene McCarthy, a British centre-left lawmaker who proposed the EU-wide ban on financial product commission that was rejected on Friday, said relying on disclosure won't work. Britain is introducing its own ban on commissions from January.

Parliament has proposed a stricter rule than the Commission's.

“High-frequency trade has not been regulated yet. To 'relax' high-frequency-trade, we call for a minimum resting period of 500 ms for orders and for fees for single high-frequency activities. That way, the purely sepculative business with high-frequency transactions will become unattractive,” said Ferber.

Positions: 

"With MiFID, we can create crisis-proof financial markets with an efficient supervisory structure. Besides, intransparent technical procedures that can quickly become systemic risks must be ruled out,” said rapporteur Markus Ferber MEP (Germany; European People’s Party).

“By refusing to ban commissions for investment advice, MEPs have lost a golden opportunity to put an end to wide-scale mis-selling of financial products,” said Monique Goyens, director general of The European Consumer Organisation (BEUC).

“Today’s vote has severely slowed much needed reform of the banking sector. Three European countries have already pressed ahead with national commission bans. The European Parliament has ignored a culture shift towards consumers’ interests coming first, not bank profit,” Goyens added.

“This updated legislation will create the tools and infrastructure needed to ensure scrutiny of trading without hindering technological innovation. Safeguards are being put in place that should give retail and long term investors confidence that they are not being subject to unfair practices in the market place,” said UK MEP Kay Swinburne, the European Conservatives and Reformists group economics spokesman.

"In an age of trading in micro seconds the regulator needs to be able to monitor exact chains of events across venues to properly tackle market abuse, so simple measures such as data reporting, synchronisation of trading clocks and improved transparency in all asset classes should be positive moves,” Swinburne concluded.

Next steps: 
  • 2014: ban on high frequency trading set to come into force
EurActiv.com with Reuters

COMMENTS

  • A few questions:
    Why wait until 2014? The world of finance is fast moving and we need these regulations yesterday.
    Are there any exemptions? Typically this sort of legislation is defeated by lobbyists from the big boys who by gaining exemptions make the legislation advantageous for themselves. This law will only work if there are no exemptions for market makers -that's what a level playing field requires.

    One last comment. Let's dispel the myth that HFTs bring liquidity to the market. The second there is any disruption they switch off -that is to say -they provide liquidity except for when the market really needs it, and by switching off they make the markets more unstable and volatile. Haim Bodek's recent contribution to the debate are certainly worth a read as is the recent book 'Dark Pools' -to get an understanding of HFTs.
    Not all new technology is good...

    By :
    RalphJolly
    - Posted on :
    29/10/2012
  • The idea of get rich quick has to stop. Europe or France bank Soce Gen, has suffered enough to teach us a lesson, more so this person blamed his Boss. we cannot allow sharks to make money while others have to suffer for his greed.

    By :
    H Galea
    - Posted on :
    02/11/2012
  • Thankfully now at least the HFT's and their bots can be tracked in real time by anyone.Have a look at the way the bots were in action a few weeks ago during the US Presidential election courtesy of Carl Weiss from
    sceeto http://www.sceeto.com http://youtu.be/N1ouo0aeO7o
    As you know High Frequency Trading and these type of algos as a matter of fact are responsible these days for more than 70 to 80% of all the daily US volume. hfts have been quote stuffing, i.e placing massive buy sell
    orders within milliseconds for a long time now. sceeto is one of the first
    small companies anywhere in the world that tracks the hft's in real time
    across various markets. Have a look for yourself ,Carl Weiss has done
    numerous videos on these algos. http://www.sceeto.com The chief
    software developer of sceeto he has for a decade tested to come up with
    software designed a system to sniff these out and try to at least again
    level the playing field a bit for the ordinary investor.

    By :
    alex
    - Posted on :
    05/12/2012
Quick but not too fast
Background: 

Draft EU financial market legislation that would curb food price speculation and high-frequency trading was put to vote on 26 October in the European Parliament, so as to provide a strong mandate for fine-tuning it in talks with member states.

In committee, MEPs inserted amendments to regulate commodity trading by the financial sector, speculation in which is widely blamed for food and energy price volatility.

These amendments would impose a maximum net position that traders may hold or enter into over specified periods of time and requirements for pre- and post-trade transparency. 

In committee, MEPs also tightened up proposed rules on high-frequency trading, in which computers trade millions of orders per second, with little or no human intervention.

The proposed update of the financial instruments directive and regulation (MIFID/MIFIR) would lay down uniform trading rules to protect investors, enhance transparency and buttress financial market stability.

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