Tagged: regulation

The Empty Chair

There’s the old joke about camels. They’re horses designed by a committee.

Speaking of committees, for the second time in a month, that august federal legislative chamber the US Senate yesterday convened a hearing on markets. Replacing the Senate Permanent Subcomittee on Investigations was the Senate Banking, Housing and Urban Affairs (none of these items appear in the Constitution under delegated congressional responsibilities, I observe) Committee calling a confab of big hitters from markets to explain why Michael Lewis has the bestselling investing tome in the USA (Flash Boys).

One weighty weigher-in was ICE CEO Jeffrey Sprecher, who testified: “The costs associated with maintaining access to each venue, retaining technologists and regulatory staff, and developing increasingly sophisticated risk controls are passed on to investors and result in unnecessary systemic risk.”

Quoted in a story by Bloomberg’s Sam Mamudi, another congregant before Congress, Dave Lauer of KOR Group LLC, said, “Regulation has created this monstrosity of a market, and it is only by peeling back some regulations and refining others that we can hope to simplify market structure and increase market efficiency.”

I must note: we’ve decried similarly for about the past seven years, before it was cool to do so and the subject of a New York Times bestseller.

Not everybody wants to rend the fabric. Said CEO Joe Ratterman of BATS Global Markets: “Whether it is banning the current maker-taker fee structure, limiting payment for order flow generally, or other attempts to alter the fundamental economics of trading, price controls are a blunt instrument likely to cause disruptions and consequences that are unforeseeable and potentially detrimental to all types of investors.”

There were witnesses from the Nasdaq, Invesco, Georgetown University and Citadel Derivatives. The empty chair? Somebody representing public companies. Not a one. We might as well hold hearings on beef prices and leave out cattle ranchers. (more…)

The Recovery

It’s all in the recovery.

That’s the philosophy put forth by a friend of mine for dealing with unpleasant facts.

I think the chief reason for the recent swoon in stocks was not anemia in the job market but a sort of investor outrage. You can’t troll a trading periodical or blog or forum without wading through rants on why Michael Lewis, author of the bombshell book Flash Boys on high-speed trading, is either guilty of torpid whimsy (a clever phrase I admit to swiping from a Wall Street Journal opinion by the Hudson Institute’s Christopher DeMuth) or the market’s messiah.

What happens next? Shares of online brokerages including TD Ameritrade, E*Trade and Schwab have suffered on apparent fear that the widespread practice at these firms of selling their orders to fast intermediaries may come under regulatory scrutiny.

What about Vanguard, Blackrock and other massive passive investors? Asset managers favor a structure built around high-speed intermediation because it transforms relentless ebbs and flows of money in retirement accounts from an investing liability to a liquidity asset. Asset management is about generating yield. Liquidity is fungible today, and it’s not just Schwab selling orders to UBS, Scottrade marketing flow to KCG and Citi or E*Trade routing 70% of its brokerage to Susquehanna.

It would require more than a literary suspension of disbelief to suppose that while retail brokers are trading orders for dollars, big asset managers are folding proverbial hands in ecclesiastical innocence. The 40% of equity volume today that’s short, or borrowed, owes much to the alacrity of Vanguard and Blackrock. The US equity market is as dependent on borrowing and intermediation as the global financial system is on the Fed’s $4 trillion balance sheet.

Hoary heads of market structure may recall that we wrote years ago about a firm that exploded onto our data radar in 2007 called “Octeg.” It was trading ten times more than the biggest banks. Tracing addresses in filings, we found Octeg based in the same office as the Global Electronic Trading Co., or GETCO. Octeg. Get it? (more…)