Thursday, January 29, 2009

Hampering the CDS market in this manner prevents us from learning where the pyromaniacs live.

From Free Exchange:

"CDS witch trials begin
Posted by:
Economist.com | NEW YORK
Categories:
Financial markets

WHEN it comes to the lasting consequences of the financial crisis this is the exact sort of thing I fear the most. According to Bloomberg:

House of Representatives Agriculture Committee Chairman Collin Peterson of Minnesota circulated an updated draft bill yesterday that would ban credit-default swap trading unless investors owned the underlying bonds.

Portfolios will eventually recover, housing prices will rise again, and a NAIRU around 5% (higher in Europe) will prevail. But boneheaded regulation spurred by economic populism will slow that recovery, or worse inhibit future innovation and future rates of growth.

On this blog my colleagues and I have argued that buying a CDS when you do not own the reference security can actually be a good thing. First, it can provide a hedge for other assets in your portfolio correlated with the reference security. Also, even pure speculation (that is, just betting a company or government will default on its debt) provides valuable information to credit markets.

As Bloomberg points out, limiting the CDS market in this manner robs it of liquidity and renders it too small to be viable (at least in America). The goal of this legislation, presumably, is to provide more transparency, but it will actually do just the opposite. Credit markets are frozen with fear because there is so much uncertainty. A functioning CDS market provides information and a means for investors to hedge their risk. Encouraging the CDS market to function properly actually creates an effective way to promote corporate and sovereign lending. Inhibiting it has the opposite effect by forcing investors to bear default risk in an uncertain enviroment.

Legislators love to invoke the infuriating analogy that buying a CDS when you don’t own the underlying security is like buying fire insurance on your neighbour’s home. But what is wrong with that? Hampering the CDS market in this manner prevents us from learning where the pyromaniacs live."

Me again:

You are absolutely correct. CDSs can help in the following ways:
1) Mirror Bonds
2) As insurance
3) Counterbalance other investments
4) Provide price information in a calcified market
5) Provide investments with less capital requirements
All of these are valid uses. Only misuse renders them a problem. Any such misuse is either a crime or financial malpractice. Could someone refer to a post that actually details how CDSs caused these problems? The last post I went to, on RGE Monitor, had more hedges in it than a hedge fund.

Real people misused these instruments. Those people need to be held to account. The arguments I'm hearing are more moral than economic:
a) They bet on things going bad
b) They bet against the government bailout
c) They don't produce anything real
Then don't buy them.

This legislation is as silly and short-sighted as short selling bans. Welcome to the world of blaming inanimate objects for human failings. Don't we all feel better?

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