"Ban on shorting banks failed miserably, say experts
By James Mackintosh in London, Tom Mitchell in Hong Kong and Elizabeth Fry in Sydney
Published: March 10 2009 22:48 | Last updated: March 10 2009 23:28
The US Securities and Exchange Commission will next month consider whether to propose reinstating a market rule designed to prevent “bear attacks” on stocks from speculative traders.
The so-called “uptick:” rule, scrapped in 2007, allowed short selling – where traders profit from price falls – only when the last tick in a stock’s price was positive. There are now growing calls to bring the rule back amid continuing turmoil in the stock markets.
Mary Schapiro, the SEC chairman, has said that examining the rule was one of the things she was “committed to doing very quickly.” Barney Frank, a leading Democratic congressman, told reporters on Tuesday that he was “hopeful” that the uptick rule will be restored “within a month.” Christopher Dodd, chairman of the Senate banking committee, also endorsed the plan.
“The Commission may conduct a public meeting as early as next month to consider whether to formally propose reinstatement of the uptick rule, or consider other measures related to short sales,” the SEC said on Tuesday.
However, some market participants have argued that the uptick rule have had little or no demonstrated benefit in the past.
Almost six months after market watchdogs around the globe banned short selling of bank stocks, some big markets have since relented and allowed investors once again to bet on price falls.
But bans remain widespread, if mainly in countries with small stock markets. Germany, Italy and Australia are the biggest to retain bans, followed by South Korea, the Netherlands, Ireland, Norway, Denmark and Greece.
All share a fear of what Silvio Berlusconi, Italy’s prime minister, called “speculative attacks” on banks.
However, academics and hedge funds believe the measures failed miserably. Rather than protecting banks and other financial institutions, many failed even while they were protected from short selling.
Those which did not fail generally saw their shares plummet. Since September 19, when the UK’s Financial Services Authority led the way with the first ban, European banks have plunged 65 per cent, while US banks are down 73 per cent.
A study commissioned by London’s investment banking, hedge funds and stock lending trade bodies found that stocks subject to the bans had much the same performance as those without restrictions.
Even Lord Turner, chairman of the FSA, commenting after sharp share price falls in the days following the lifting of the ban, said there was no evidence that the falls were due to a big increase in shorting.
Still, regulators and politicians continue to worry about the possibility of co-ordinated shorting designed to drive down a bank’s shares, damaging confidence and sparking a run – although none has presented any evidence of such illegal conspiracies.
Hedge funds argue they are unfairly demonised for putting money behind their negative views. Far from driving down the price in order to damage banks, they contend, the banks were damaged through subprime and other dodgy lending and all the price falls are doing is reflecting reality.
“These bans are all worthless,” one European hedge fund manager said on Tuesday. “But at least it seems it is no longer the fashion to do it.”
Even countries which dropped bans have imposed tighter rules on short sellers.
The UK, France and Spain demand public disclosure of big short positions, making some hedge funds think twice before taking positions. Others, including Japan and France, have banned “naked” shorting, the practice of selling shares without first borrowing them, in the hope of buying them back before the first trade settles.
The Australian Securities and Investments Commission (Asic) said its decision last week to extend a short ban for almost three months was justified because financials “are so integral to our market here”.
Additional reporting by Lindsay Whipp in Tokyo, Robin Kwong in Taipei and Joanna Chung in New York"
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