Tagged: Reg NMS

Rules and Money

There are two pillars to market intelligence: The Rules, and The Money.

By market intelligence, I mean information about what’s pricing a stock. So, translating, information about what’s pricing a stock must derive from the rules that govern stock-trading, and how money conforms to those rules.

Wouldn’t that be supply and demand?  Would that it were! There are instead four big rules for stocks now, tenets of Regulation National Market System about which every investor and investor-relations officer should have a basic grasp.

“Quast,” you say. “This sounds about as exciting as cleaning a tennis court with a tooth brush. In Houston. In the summer.”

It can be very exciting, but the point isn’t excitement.  If you don’t know the rules (always expect your market intelligence provider to know the rules for stocks), your conclusions will be wrong.  You’ll be guessing.

For instance, if you report strong results and your stock jumps on a series of rapid trades, can a human being do that?  Refer to the rules. What do they require?  That all marketable trades – an order to buy or sell stock – be automated.

No manual stock order can be marketable. Manual orders are nonmarketable, meaning prices for the stock must come to them instead. Picture a block of cheese and a grater passing by it and shaving some off.

The rule creating this reality in stocks is the Order Protection Rule, or the Trade-Through Rule. Same thing. It says traders cannot trade at $21.00 if the same stock is available for $20.99 somewhere else. To ensure compliance, regulators have mandated that orders wanting to be the best bid to buy or offer to sell must be automated.

And the bid to buy will always be lower than the offer to sell. Stocks may only trade at them, or between them.  There can only be one best price (though it may exist in several places).

Now start thinking about what money will do in response.  Orders will be broken into pieces. Sure enough, trade size has come down by factors, and block trades (we wrote about it) are a tiny part of the market.

Big Commandment #2 for stocks is the Access Rule. It goes hand-in-glove with the first rule because it’s really what turned the stock market into a data network.

The Access Rule says all market centers including stock markets like the five platforms operated by the NYSE, the three owned by the Nasdaq, the four owned by CBOE, the newest entrant IEX, and the 32 broker markets that match stock trades must be connected so they can fluidly share prices and customers.

It also capped what exchanges could charge for trades at $0.30/100 shares – paid by brokers trading in the stock market for themselves or customers (the SEC Fee Pilot Program aims to examine if these fees, and their inverse, incentive payments, cause brokers to execute trades in ways they would not otherwise choose).

The third big rule outlaws Sub-Penny Pricing, or quoting in increments so small they add no economic value.  You may still see your stock trading at $21.9999 because of certain exceptions for matching at midpoints of quotes.

Reg NMS lastly imposed new Market Data Rules. Since everyone is sharing prices and customers on this network called the stock market, plans had to be refined for pooling data-revenue (prohibiting sub-penny trading was meant to prevent a proliferation of tiny meaningless prices).

Yet, data is a byproduct of prices. There are hundreds of millions of dollars of revenue governed by the Consolidated Tape Association, which divides proceeds according to how various platforms and brokers quote and trade in accordance with best prices. Outside the CTA, there may be billions of dollars now in proprietary data feeds.

These rules drive how money behaves. The fastest machines will price your stock to start the day no matter where you trade, because they have the quickest bids and offers. But their purpose is to profit on changing prices, not to own stocks.

Passive investment dominating the market is aided by rules. What lies between the bid and the offer? The average price. Those tracking benchmarks like index mutual and exchanged-traded funds get a boost toward their objective.  Prices become uniform (our data show very tight Poisson distribution in the stock market – which helps securities tracking benchmarks).

And because stock prices are highly unstable – average intraday spread in the Russell 1000 the past five trading days is 2.6%, and the typical stock trades over 16,000 times daily in 167-share increments – investors turn to substitutes like derivatives. Even Warren Buffett who once famously skewered them as instruments of mass financial destruction has large derivatives positions.

Let’s finish where we started. Why doesn’t supply and demand drive stock prices? Because rules governing trades don’t let supply and demand manifest naturally. The greatest proportion of trades are now driven by machines wanting to own nothing, the opposite of a market animated by supply and demand.

When you look at your stock or stocks in your portfolio, remind yourself: What’s driving them up and down are rules, and money racing around a course in compliance with those rules.  Some part is rational. A bunch of it isn’t.  We all – investors and public companies – can and should know what’s going on. The first rule, after all, is to be informed.

Welcome to the 21st century stock market.

Block Monopoly

This year’s rare midweek July 4 prompted a pause for the Market Structure Map to honor our Republic built on limited government and unbounded individual liberty. Long may it live.

Returning to our market narrative: Did you know that 100% of Exchange Traded Fund creations and redemptions occur in block trades?

If you’ve got 48 minutes and a desire to understand ETFs, catch my podcast (you can get our ETF White Paper too) with IR Magazine’s Jeff Cossette.

In stocks, according to publicly reported data, three-tenths of one percent (0.03%) of NYSE trades are blocks (meaning 97.7% are non-block).  The Nasdaq compiles data differently but my back-of-the-envelope math off known data says blocks are about the same there – a rounding error of all trades.

Blocks have shrunk due to market regulation. Rules say stock trades must meet at a single national price between the best bid to buy and offer to sell.  That price relentlessly changes, especially for the biggest thousand stocks comprising 95% of volume and market cap (north of $2.5 billion to make the cut) so the amount of shares available at the best price is most times tiny.

We track the data.  At July 9, the average Russell 1000 stock traded 13,300 times per day in 160-share increments.  If you buy and sell shares 200 at a time like high-speed traders or algorithmic routers that dissolve and spray orders like crop-dusters, it’s great.

But if you buy cheese by the wheel, so to speak, getting a slice at a time means you’re not in the cheese-wheel buying business but instead in the order-hiding business. Get it? You must trick everybody into thinking you want a slice, not a wheel.

The cause? Market structure. Regulation National Market System, the regime governing stock trades, says one exchange must send to another any trade for which a better price exists there (so big exchanges pay traders to set price. IEX, the newest, doesn’t).

Put simply, exchanges are forced by rules to share prices. Exchanges cannot give preference to any customer over another.

ETFs get different rules. Shares are only created in blocks, and only traded between ETF creators and their only customers, called Authorized Participants.

I’m not making this up. When Blackrock wants more ETF shares, they create them in blocks only.  From Blackrock’s IVV S&P 500 ETF prospectus: Only an Authorized Participant may engage in creation or redemption transactions directly with the Fund. The Fund has a limited number of institutions that may act as Authorized Participants on an agency basis (i.e., on behalf of other market participants).

Why can ETFs offer preference when it’s against the law for exchanges? Fair question. There is no stated answer. The unstated one is that nobody would make markets in ETFs if a handful of firms didn’t have an unassailable competitive advantage, a sure chance to make money (why ETF fees are so low).

Again from the IVV prospectus:

Prior to trading in the secondary market, shares of the Fund are “created” at NAV by market makers, large investors and institutions only in block-size Creation Units of 50,000 shares or multiples thereof.

Each “creator” or authorized participant (an “Authorized Participant”) has entered into an agreement with the Fund’s distributor, BlackRock Investments, LLC (the “Distributor”), an affiliate of BFA. A creation transaction, which is subject to acceptance by the Distributor and the Fund, generally takes place when an Authorized Participant deposits into the Fund a designated portfolio of securities (including any portion of such securities for which cash may be substituted) and a specified amount of cash approximating the holdings of the Fund in exchange for a specified number of Creation Units.

And down a bit further (emphasis in all cases mine):

Only an Authorized Participant may create or redeem Creation Units with the Fund. Authorized Participants may create or redeem Creation Units for their own accounts or for customers, including, without limitation, affiliates of the Fund.

Did you catch that last bit? The creator of ETF shares – only in blocks, off the secondary market (which means not in the stock market) – may create units for itself, for its customers, or even for the Fund wanting ETF shares (here, Blackrock).

And the shares are not created at the best national bid to buy or offer to sell but at NAV – Net Asset Value.

Translating to English: ETF shares are created between two cloistered parties with no competition, off the market, in blocks, at a set price – and then sold to somebody else who will have to compete with others and can only trade at the best national price, which continually changes in the stock market, where no one gets preference and prices are incredibly unstable.

It’s a monopoly.

Two questions:  Why do regulators think this is okay? The SEC issued exemptive orders to the 1940 Investment Company Act (can the SEC override Congress?) permitting it.

We wrote about the enormous size of ETF creations and redemptions. Which leads to Question #2: Why wouldn’t this process become an end unto itself, displacing fundamental investment?

The Matrix

FactSet says quarterly earnings are up 23% from a year ago. Why have stocks declined?

There’s an inclination to grasp at fundamental explanations. Yet stock pickers generally don’t reactively sell because most times they must be fully invested (meaning to sell, they must buy).

Blackrock, Vanguard and State Street claim for Exchange-Traded Funds tracking the S&P 500 or Russell 1000 that turnover is 3-5%. (Editorial note: Those figures exclude creations and redemptions of ETF shares totaling trillions annually – a story we’ve told exclusively in the Market Structure Map.)

If investors are not responsible, who or what is?  Machines. By market rule all trades wanting to set the best bid to buy or offer to sell are automated – running on an algorithm. Why? Because the best price can be anyplace at anytime in the market system, and trades must move fluidly to it.

Thus, machines have become hugely influential in determining how prices are calculated. An amalgam of broker algorithms, smart routers and exchange order types are continually calculating the probability of higher or lower prices and completing a trade.

By our measures, back on Apr 19 the probability of calculating higher prices dropped. Why? Perhaps risk calculations for asset managers ordered rotation from overweighted equities or a need to slough off capital gains from ETFs (stuff mathematical models routinely do).

We have a mathematical representation for it: The market was Overbought. It doesn’t mean people are overpaying for fundamentals. It says machines will lack data to arrive at higher prices.  What follows this condition is nearly always a flat or lower market.

We know then that math arising from market rules is more powerful than a 23% increase in earnings. That should disturb stock pickers and public companies. If the market is The Matrix (if you’re younger than the movie, watch it to understand the reference), what are we all doing straining so hard to be outliers?

And why do machines possess the capacity to trump value-creation?

Good question.

By the way, the math is now changing. It’s resolving toward a mean.  We measure these price-setting propensities with a 10-point scale, the ModernIR Behavioral Index. Most of the time the stock market trades between 4.0 and 6.0, mean-reverting to 5.0 or thereabouts.

It returns to the middle because rules propel it there. Stocks must trade between the best bid or offer. What lies there? The average price. What do indexes and ETFs hew to? Averages.  We’ve explained this before.

When the market slops beyond 6.0, a mean-reversion is coming.  When it drops below 4.0, it signals upward mean-reversion. The market has descended from about 6.5 a week ago to 5.2 yesterday. The market will soon level off or rise as it did microcosmically yesterday, a day of extremes that ended back near midway (but it’s not down to 4.0, notice).

If math is a more reliable indicator of the future than earnings, why is everybody fixated on earnings versus expectations? What if that model is obsolete? And is that a bad thing?

I don’t think so. The earnings-versus-expectations convention promotes arbitrage. Shouldn’t capital-formation power the market?

The Math

“Making investment decisions by looking solely at the fundamentals of individual companies is no longer a viable investment philosophy.”

So said Steve Eisman, made famous in Michael Lewis’s book The Big Short, upon shutting down his new investment fund in 2014.  Actor Steve Carrell portrayed Eisman as Mark Baum in last year’s hit movie from the book.

Michael Burry, the quirky medical doctor running Scion Capital in the book and the movie (played by Christian Bale), first earned street credibility via posts about stocks on Silicon Investor, the online discussion forum huge before the dot-com bubble burst.

But in the ten years after Regulation National Market System transformed the stock market in 2005 from a vibrant human enterprise into a wide-area data network, 98% of all active stock-pickers failed to beat the S&P 500, proving Mr. Eisman correct.  You can’t pick stocks on merits alone now.

That’s contrary to the legacy objective of the investor-relations profession, which is to stand the company’s story apart from the rest.

As with finding the root of the mortgage-industry rot, today the market is all about data.  Everything is.  Google Analytics examines internet traffic patterns.  ZipRecruiter is analytics for hiring. Betterment is analytics for personal investing.  HomeAdvisor and Angie’s List are analytics for home-repair. Pandora is analytics for music you like.

Pick your poison. Everything is data. So why, ten years after Reg NMS, is the IR profession calling someone to ask, “How come my stock is down today?” All trades pricing the market under Reg NMS must by law be automated.

If you’re calling somebody to ask about your stock, I’m sorry but you’re doing IR like a caveman. And, paraphrasing Steve Eisman, running the IR department solely by telling the story to investors is no longer a viable industry philosophy.

Why? Because it begins with the flawed premise that the money buying and selling your shares is motivated by fundamentals alone.  For the past decade – the span of Reg NMS – trillions have departed active stock-picking portfolios and shifted to indexes and Exchange-Traded Funds, because tracking a benchmark is a better path to returns.

Take yesterday.  All you had to do was buy technology and materials stocks.  Today it might be something else. The most widely traded stock on the planet is SPY, the S&P 500 ETF.  It traded $7 billion of volume yesterday, ten times BAC, the most active stock.

Here’s another. XLU, the Utilities ETF, was among the 25 most actively traded issues yet the sector barely budged, up 0.04%. Why active then? ETFs fuel arbitrage.  Profiting on price-differences. It’s not where prices close but how they change intraday.

Best trade yesterday?  NUGT, the leveraged gold ETF, was up 7.5% even though gold has been a bust the past month.  The S&P 500 took the whole year to gain 10% and then only on the Trump Bump. Between Dec 30 and Oct 31, the S&P 500 eked out 2% appreciation. You could triple that in a day with NUGT so why invest long-term?

“Boy, Quast,” you say. “It’s the holiday season! What are you, The Grinch?”

Not at all! The opposite in fact. I’m on a quest to make IR central to public companies again. We invented Market Structure Analytics, data for the IR profession to address the demise of IR as Storyteller.  The future for our profession isn’t a command of fundamentals but knowledge of market form and function.

Let me be blunt. Anybody can tell the story. Only IR professionals dedicate themselves to knowing how the market works – and that’s job security, a transferrable skill set.

The way IR shifts back from a rotational role to vital standalone profession is through knowledge of the stock market. If you want to be a biologist, study and understand biology. If you want to be a biology reporter, you just need to know some biologists (no offense to biology reporters).

Which will the IR profession be in 2017?

Having threshed trading data for 15 years now through the regulatory and behavioral transformation of the equity market, I feel a tad like those guys in The Big Short who studied mortgage numbers and concluded it was irrefutable: It was going to blow up.

These data are irrefutable: Over 80% of your volume most days is driven by something much shorter-term than your business strategy.  Ergo, if all you tell your Board and management is how your strategy influences the stock, you’ll at some point be in trouble.

This is the lesson of 2016.  Make 2017 the year IR transforms how the people in the boardrooms of America understand the stock market. That is an invigorating challenge that will breathe value into our profession. The math doesn’t lie.

Two Faces

In Roman mythology, Janus is the two-faced god of beginnings and endings.  In Denver, Janus is the god of investing. In the news, Janus is merging with UK money manager Henderson.

The move reflects the two faces of the stock market, beginnings and endings and gates and doorways, like the figure from Rome’s old religion.  Today’s market is the inverse of the one prevailing when Tom Bailey launched Janus from a one-room Denver office in 1969, choosing the front-range town over New York to avoid Wall Street GroupThink.

For the next three decades, Janus boomed through a culture of camaraderie built around proprietary financial modeling to find the most dynamic, well-run companies. Janus was a stock-picker of the highest caliber with a penchant for bucking the crowd and going long, big.  Star fund manager Tom Marsico epitomized the Janus style with his Focus Fund backing typically 20 stocks.

Janus embraced the New Economy and chased technology. Though Marsico left in 1997 in a dispute with management, Janus, which was then owned by Kansas City Southern before spinning out publicly as part of Stilwell Financial, became the best mutual-fund company in the business, peaking at $330 billion of assets in 1999.

Then the Internet Bubble burst. In latter 2000 as tech stocks cratered, Janus was losing $1 billion a day in asset-value. In 2001, the firm cut half its staff and saw assets under management dip below $200 billion. The name Stilwell, a moniker fashioned to honor rail tycoon Arthur Stilwell, went away and the two-faced god returned as a public firm.

But the US stock market emerged from the 20th century fundamentally altered, a National Market System. Well, there is no “market system.” It’s one or the other. A market is organic commercial interaction – a dynamic environment where shrewd analysis and the search for the best is a recipe for the success that bred Janus. A system is a process and method. Success in a system turns on stripping out cost and following a model.

The National Market System today is a process and method. GroupThink. Exactly what Janus eschewed. Blackrock and Vanguard have roared past yesterday’s stock-picking heroes like Janus by stripping cost out and tracking averages, thriving at GroupThink.

It’s remarkable testament to the state of the market that being average is the key to being best. And how did we get a market where average is king? Process and method. Rules.

The Order Handling Rules in 1997 decreed that stock markets must display prices set by Electronic Communications Networks, which obliterated a fixture of exchanges back to the 1792 Buttonwood Agreement that brokers not undercut each other on price.  Regulation ATS required all trades to occur through brokers or exchanges, putting the brokers who created exchanges into competition with their progeny. Decimalization in 2001 wiped out the market-making spread necessary for investment banks to fund small-cap stock research (small-cap IPOs plunged by 90%).

Then Regulation National Market System, a product of Congressional legislation, crafted a single marketplace functioning like a data network around the best national bid or offer. A network of linked nodes isn’t competition. It’s a system. The process and method for navigating the network determines success. Machines navigate it best, so the biggest source of volume today is Fast Trading, which writes no research, carries no inventory, underwrites nothing.

In the decade ended Dec 31, 2015 spanning the creation of the National Market System, 98% of all stock-pickers have failed to beat the average – the S&P 500.  The reason isn’t prowess from passives but how indexes and ETFs strip out cost and construct portfolios around the average prices that now securities regulators require (“Best Execution”).

If you’re looking for outliers like Janus, this market is the wrong one for you (and if you seek that money as the investor-relations profession does, it’s stacked against you too). So money is rushing with great sound and fury from them and into indexes and ETFs.

Mergers are driven by effort to strip out cost.  Henderson is paying $2 billion for Janus to form a manager with $300 billion of assets – smaller than Janus in 1999. Ironically, the amount Henderson is paying equals the investment outflows from the two in 2016.  Janus CEO Dick Weil will co-head the company with Henderson CEO Andrew Formica and will move from Denver to London.

Regulators: Is there not one of you paying attention? You did this. You are wrecking the market for stock-picking, for small-caps, for American capitalism. Now you’ve driven Janus out of Denver.  We don’t need a two-faced market where just one smiles.  Keep this up and you’ll foster the mother of all backlashes.

25 Basis Points

Whether public companies are winning in the stock market comes down to basis points.

The Buttonwood Agreement formulating the US public equity market in 1792 affirmed in two terse sentences that its parties would charge a quarter-point commission.

Last weekend Jason Zweig wrote about “May Day” for the Wall Street Journal. On May 1, 1975, under pressure from the SEC and Justice Department antitrust lawyers, and seeing a path to reducing market-fragmentation and competition from low-cost platforms like Instinet, the NYSE ended fixed commissions. Many brokers saw doomsday looming and called it “Mayday.”

As Mr. Zweig says, assertions of industry demise proved both exaggerated and misplaced. Volumes boomed, advertising about stock-trading exploded, Charles Schwab created the greatest Everyman brokerage in the history of the profession and here in 2015 the notion that set costs for trading was ever a good one are scorned.

It was called “deregulation” since the rule inked by quill pen May 17, 1792 stating “We the Subscribers, Brokers for the Purchase and Sale of the Public Stock, do hereby solemnly promise and pledge ourselves to each other, that we will not buy or sell from this day for any person whatsoever, any kind of Public Stock, at a less rate than one quarter percent Commission on the Specie value of and that we will give preference to each other in our Negotiations” was rescinded.

Under deregulation has come tens of thousands of pages of rules ranging from exchange order-types that hide shares even though exchanges are markets where shares are displayed, to the structural opus magnum Regulation National Market System decreeing trading at the best national price and dividing consequent data revenue.

When you dine out, what’s a fair tip?  If somebody handles bags for you at the hotel, what do you give them?  In 1792, brokers thought 25 basis points an acceptable fee for finding a buyer for a seller, and vice versa. (more…)

Take and Make

What if exchanges stopped paying fast traders to set prices? Oh, you didn’t know? Read on.

Off Salt Island in the British Virgins is the wreck of the HMS Rhone, a steamer that sank in an 1867 hurricane.  Even if you’re a snorkeler like me rather than a diver, in the clear BVI water you can see the ribs, the giant drive shaft, the shadowy hulk of a first-rate vessel for its day, 70 feet below the surface.  A storm surprised the Rhone, and after losing an anchor in the channel trying to ride out the squall, the captain ran for open water, unwittingly slamming into the teeth of the tempest.

What’s a 19th century Caribbean wreck got to do with high-frequency trading?  What seems the right thing to do can bring on what you’re trying to avoid by doing it in the first place.

On July 15, Senator Carl Levin called on the Securities and Exchange Commission to end the “maker-taker” fee structure under which exchanges pay traders to sell shares.  I’ve long opposed maker-taker, high-frequency trading and Regulation National Market System.

We have Reg NMS thanks to Congress.  In 1975, that body set in motion today’s HFT flap by inserting Section 11A, the National Market System amendments, into the Securities Act of 1934, and instead of a “free market system,” we had a “national market system.” What a difference one word made.

The legislation mandated a unified electronic tape for stock prices. The NYSE claimed the law took its private property – the data – without due process.  Regulators responded with concessions on how exchanges would set prices for trading. The result: The Consolidated Tape Association (CTA).

Today, the CTA is comprised of the registered US stock exchanges.  Its rules governing quoting and trading determine how exchanges divide roughly $500 million in revenue generated through data that powers stock tickers from Yahoo! Finance to  E*Trade.  If an exchange quotes stocks at the best national bid or offer 50% of the time, and matches 25% of the trades, it gets the lion’s share of data revenue for those stocks. And the more price-setting activity at an exchange, the more valuable their proprietary data products and technology services become. Data has value if it helps traders make pricing decisions.

Here’s where history meets HFT. Reg NMS requires trades to meet at the best price. Exchanges have no shares because they’re not owned by brokers with books of business as in the past. They pay traders to bring shares and trades that create the best prices.  In 2013, NASDAQ OMX paid $1 billion in rebates to generate $385 million of net income.  Subtract revenue from information services and technology solutions ($890 million in 2013, built on pricing data) and NASDAQ OMX loses money.  Prices matter.  NYSE owner Intercontinental Exchange (ICE) opposes maker-taker presumably because it made $550 million in profit without the NYSE in 2012, and half that adding the NYSE in 2013. For a derivatives firm, equities are a tail to wag the dog. (more…)

Setting Prices

Do you remember that movie, The Island?  The people who every day hope they’re selected to go to a tropical paradise are unwitting machinery for others.

I won’t give it away in case you’ve not seen Scarlett Johansson and Ewan McGregor tearing through the sky on some futuristic motorcycle. Things are not what they at first seem. That’s the point.

Which leads us to Nasdaq OMX PSX.  On August 1, the PSX becomes what it calls “a Price Setter Pro Rata algorithm for all symbols, pending SEC approval.” The PSX once was the Pacific Stock Exchange. Now it’s one of the Nasdaq’s three stock markets.

If it’s an exchange, why do they call it an algorithm? Because it’s less a marketplace than a mathematical calculation designed to do something: Set prices. It guarantees traders 40% of an order so long as size meets requisites.

In its marketing materials, the Nasdaq says the PSX is “a Reg NMS protected quote and runs on proven INET technology.” A quote? A price. Under Reg NMS, protected quotes must be automated and cannot be ignored by the market. So the PSX is a price.

INET was a trading system created by the dark-pool Instinet that merged in 2002 with Island, another electronic communications network, or “ECN.” ECNs slaughtered exchanges in the 90s, taking perhaps 65% of all trading at the peak before exchanges bought them and in effect became ECNs. Nasdaq acquired INET in 2005.

Now stay with me here. This story relates directly to you, in the IR chair. There’s a trading firm called Chimera Securities. We see it in about 75% of our Nasdaq client base. It’s a proprietary trader – no customer accounts. It trades equities and options. It provides a platform for hundreds of professional day-traders to execute diverse speculative tactics, and it runs automated strategies to utilize liquidity its traders hold. It’s a member of the Nasdaq OMX PSX, and the Nasdaq OMX PHLX, the latter the Nasdaq’s options platform. Chimera belongs only to these two markets. (more…)

Flash Boys

I don’t skateboard. But the title of Michael Lewis’s new book on high-speed trading, Flash Boys, made me think Lewis could’ve called it DC-town & Flash Boys.

Legendary skateboarder Stacy Peralta directed the 2001 documentary Dogtown & Z-boys chronicling the meteoric rise of a craze involving slapping wheels on little boards and engaging in aerobatic feats using public infrastructure such as steps and handrails. From Dogtown, slang for south Santa Monica near Venice Beach, Peralta’s Sean-Penn-narrated film tracked the groundbreaking (and wrist-breaking) 1978 exploits of the Zephyr skateboarding team, thus the “Z-boys.”

Skateboarding has got nothing to do with trading, save that both are frantic activities with dubious social benefit. We’ve been declaiming on these pages for more than a half-decade how fast intermediaries are stock-market cholesterol. So, more attention is great if the examiner’s light shines in the right place.

If you missed it, literary gadfly Lewis, whose works as the Oscar Wilde of nonfictional exposé include Moneyball (loved the movie), Blindside, Liar’s Poker and the Big Short, last week told 60 Minutes the US stock market is rigged.

The high-frequency trading crowd was caught flat-footed. But yesterday Brad Katsuyama from IEX, a dark pool for long investors that rose out of RBC, dusted it up on CNBC with Bill O’Brien from BATS/Direct Edge, an exchange catering to fast orders.

Which brings us to why Lewis might’ve called his book DC-town & Flash Boys. The exploitation of speedy small orders goes back to 1988. In the wake of the 1987 crash, volumes dropped because people feared markets. The NASD (FINRA today) created the Small Order Execution System (SOES – pronounced “soze”) both to give small investors a chance to trade 100 shares electronically, and to stimulate volume. Banditry blossomed. Professionals with computers began trading in wee increments. Volume returned. The little guy? Hm.

Regulators have always wanted to give the little guy opportunity to execute orders like the big guys. It’s admirable. It’s also impossible. Purchasing power is king. Attempt to make $1 and $1,000 equal in how trades execute, and what will happen is the big guys will shift to doing things $1 at a time. The little guy will still lose out but now your market is mayhem confusing busy with productive.

These benighted gaffes seem eerily to originate in Washington DC. Michael Lewis says big banks, high-speed traders and exchanges have rigged markets. We agree these three set prices for everybody. But they’re following the rules. (more…)

Unwired

It’s got to stop. Warren Buffett said so.

Until the Wall Street Journal’s Scott Patterson broke the story recently, most investor-relations professionals were unaware that Berkshire Hathaway unit Business Wire took fees from high-speed firms in trade for early delivery of news. It provoked outrage in circles including the office of the New York state attorney general.

I was quoted by Bloomberg’s Sam Mamudi in a related piece last Friday. What I thought was most important didn’t make the story. Sure, if something looks bad you should stop doing it, and I said so. In today’s parlance, the optics were bad.

“Quast,” you say. “They were selling our news to high-speed traders before it hit distribution channels.”

Half of every plane load today is in Group One because people get status for giving business to just one airline. It’s an early look.

“That’s flying. You don’t get in trouble for boarding early. You get locked in the poke for trading on things nobody else has got.”

That’s not true. Valuable information is the bedrock of capital-formation. Otherwise, the market would be one big index fund. And what Business Wire did wasn’t illegal.

“Are you defending it?” you say.

No. It’s bad form in an era where form, like optics, is more important than substance. But it’s like a police officer pulling somebody over for a bad taillight – which is not illegal but a safety hazard – and ignoring that the car is stolen. (more…)