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Micro-Diploma

Market Abuse Prevention

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Table of Contents

FREE PREVIEW — Section 1 of Module 1

Defining Market Abuse and Its Types

Unit
  • Market abuse definition: Market abuse refers to behaviors that undermine the integrity of financial markets, including insider dealing, unlawful disclosure, and market manipulation. These actions distort prices, erode investor confidence, and violate securities laws.
  • Insider dealing: Insider dealing occurs when a person trades financial instruments based on material, non-public information. It gives an unfair advantage and is illegal in most jurisdictions, subject to severe penalties.
  • Market manipulation: Market manipulation involves artificially influencing the price or volume of a financial instrument. Tactics include spreading false rumors, wash trades, and spoofing to create misleading market signals.
  • Unlawful disclosure: Disclosing inside information to others who then trade on it constitutes unlawful disclosure. Tipping is a form of market abuse even if the tipper does not trade.
  • Impact on market integrity: Market abuse undermines the level playing field that investors rely on. It can lead to misallocation of capital, increased transaction costs, and reduced liquidity.
  • Regulatory rationale: Regulations aim to protect investors and promote fair, orderly markets. Authorities like the SEC and FCA enforce rules that prohibit abuse and require firms to have controls in place.
  • Types of manipulative behavior: Common manipulative behaviors include churning, painting the tape, and cornering the market. Each involves deceptive trade patterns that distort supply and demand.
  • Cross-border implications: Market abuse often spans multiple jurisdictions, requiring cooperation among regulators. International frameworks like IOSCO help harmonize enforcement.
Regulatory Requirement

Regulation: Market Abuse Regulation (MAR) - EU framework

MAR defines market abuse as insider dealing, unlawful disclosure of inside information, and market manipulation. It applies to financial instruments traded on regulated markets, multilateral trading facilities, and organized trading facilities. Firms must establish procedures to prevent and detect abuse, and report suspicious transactions. Penalties include fines up to 15% of annual turnover for legal persons.

Quick Revision
  • Market abuse includes insider dealing, unlawful disclosure, and market manipulation.
  • Insider dealing trades on material non-public information.
  • Market manipulation artificially influences prices or volumes.
  • Unlawful disclosure involves tipping others with inside information.
  • Regulations protect market integrity and investor confidence.
  • Cross-border enforcement requires regulatory cooperation.

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