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FCA speech – locking down market abuse

By Lisa Lee Lewis (UK) & Sonya Zywko (UK) on March 11, 2021
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On 8 March 2021, the FCA published a speech by its Executive Director of Enforcement and Market Oversight, Mark Steward, at the Expert Forum: Market Abuse 2021.

Key points include:

Volumes and STORs

  • There was an overall increase in transactions and transaction reports by 34% in 2020.
  • Whilst total volumes for the year were lower than previous years, suspicious transaction and order reports (STORs) have returned to the expected levels across all asset classes.
  • Surveillance and investigation work over the last couple of years has reduced trading by certain actors whose trading prompted high numbers of STORs.
  • The quality of the STORs being received have remained high.
  • The market infrastructure has stood up to significant surges in trading volumes, especially during the initial lockdown period.
  • There has been an increase in proactive market monitoring during the year.

Market Monitoring, Short Positions etc

  • The FCA’s approach to short selling, which requires all short positions above 0.1% to be reported to it, and all positions over 0.5% to be disclosed publicly on a daily basis, gives the FCA and the market a very high degree of transparency over short selling positions.
  • There is a risk that new retail investors may become subject to misleading online marketing, as we have seen in the case of online scams and frauds during 2020.
  • New initiatives have been introduced, including, a new approach to short selling reporting which enables short positions to be reported on our Electronic Submission System (ESS) and a new measure for market cleanliness.
  • There was an increase in retail trading accounts in the UK during 2020, although a considerable number of opened accounts have not  been used. There are concerns that new retail investors may become subject to misleading online marketing.

Cleanliness

  • The Potentially Anomalous Trading Ratio (PATR) introduced in September 2020, focusing on underlying trading behaviour around specified price sensitive announcements and assessing whether behaviour can be deemed anomalous, produced a figure of 6.7% anomalous trades for 2019 across around 958 price sensitive announcements, which is very close to the Abnormal Trading Volume (ATV) metric result for the same period.
Photo of Lisa Lee Lewis (UK) Lisa Lee Lewis (UK)
Read more about Lisa Lee Lewis (UK)Email
Photo of Sonya Zywko (UK) Sonya Zywko (UK)
Read more about Sonya Zywko (UK)Email
  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Global Regulation Tomorrow
  • Organization:
    Norton Rose Fulbright
  • Article: View Original Source

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