IDEAS home Printed from https://ideas.repec.org/a/wly/reggov/v15y2021i4p1350-1369.html
   My bibliography  Save this article

Market structure and disempowering regulatory intermediaries: Insights from U.S. trade surveillance

Author

Listed:
  • Miles Kellerman

Abstract

Public agencies outsource a wide variety of tasks to nonstate actors, or what can be referred to as regulatory intermediaries. In certain circumstances, these agencies may seek to disempower those regulatory intermediaries by reclaiming, duplicating, or transferring the outsourced task. When will these disempowerment attempts be successful? This article presents the Market Structure Hypothesis, which contends that the level of competition between regulatory intermediaries will, all things equal, determine whether disempowerment attempts succeed. To test this hypothesis, this article examines the U.S. Securities and Exchange Commission's attempts to acquire the independent capacity to conduct nationwide trade surveillance in the 1980s (Market Oversight Surveillance System) and 2010s (Consolidated Audit Trail). Evidence derives from archival materials, a Freedom of Information Act Request, and 60 interviews in Oxford, London, Toronto, New York City, and Washington, DC. The empirical results corroborate the hypothesis' expectations, contributing to our understanding of public‐private partnerships and shedding new empirical light on an understudied topic of securities regulation.

Suggested Citation

  • Miles Kellerman, 2021. "Market structure and disempowering regulatory intermediaries: Insights from U.S. trade surveillance," Regulation & Governance, John Wiley & Sons, vol. 15(4), pages 1350-1369, October.
  • Handle: RePEc:wly:reggov:v:15:y:2021:i:4:p:1350-1369
    DOI: 10.1111/rego.12305
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/rego.12305
    Download Restriction: no

    File URL: https://libkey.io/10.1111/rego.12305?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Wang, Tan, 2003. "Conditional preferences and updating," Journal of Economic Theory, Elsevier, vol. 108(2), pages 286-321, February.
    2. Sofia Johan, 2008. "Global Market Surveillance," American Law and Economics Review, American Law and Economics Association, vol. 10(2), pages 454-506.
    3. Janet Austin, 2015. "Unusual Trade or Market Manipulation? How Market Abuse is Detected by Securities Regulators, Trading Venues and Self-Regulatory Organizations," Journal of Financial Regulation, Oxford University Press, vol. 1(2), pages 263-283.
    4. George J. Stigler, 1971. "The Theory of Economic Regulation," Bell Journal of Economics, The RAND Corporation, vol. 2(1), pages 3-21, Spring.
    5. Edward Stringham, 2002. "The Emergence of the London Stock Exchange as a Self-Policing Club," Journal of Private Enterprise, The Association of Private Enterprise Education, vol. 17(Spring 20), pages 1-19.
    6. Manuela Geranio, 2016. "Evolution of the Exchange Industry," Springer Books, Springer, number 978-3-319-21027-8, February.
    7. Michaelis, Peter, 1994. "Regulate us, please!: On strategic lobbying in Cournot-nash oligopoly," Kiel Working Papers 626, Kiel Institute for the World Economy (IfW Kiel).
    8. Morten Hviid & Matthew Olczak, 2016. "Raising Rivals’ Fixed Costs," International Journal of the Economics of Business, Taylor & Francis Journals, vol. 23(1), pages 19-36, February.
    9. Bruner, Christopher M. & Abdelal, Rawi, 2005. "To Judge Leviathan: Sovereign Credit Ratings, National Law, and the World Economy," Journal of Public Policy, Cambridge University Press, vol. 25(2), pages 191-217, August.
    10. Oster, Sharon, 1982. "The Strategic Use of Regulatory Investment by Industry Sub-Groups," Economic Inquiry, Western Economic Association International, vol. 20(4), pages 604-618, October.
    11. Alessandro Lizzeri, 1999. "Information Revelation and Certification Intermediaries," RAND Journal of Economics, The RAND Corporation, vol. 30(2), pages 214-231, Summer.
    12. Aitken, Michael & Cumming, Douglas & Zhan, Feng, 2015. "Exchange trading rules, surveillance and suspected insider trading," Journal of Corporate Finance, Elsevier, vol. 34(C), pages 311-330.
    13. Pecorino, Paul, 2001. "Market Structure, Tariff Lobbying and the Free-Rider Problem," Public Choice, Springer, vol. 106(3-4), pages 203-220, March.
    14. Haddock, David D & Macey, Jonathan R, 1987. "Regulation on Demand: A Private Interest Model, with an Application to Insider Trading Regulation," Journal of Law and Economics, University of Chicago Press, vol. 30(2), pages 311-352, October.
    15. Marlow, Michael L. & Wright, George E., 1987. "Measuring market power as competition over time," Journal of Economics and Business, Elsevier, vol. 39(2), pages 171-183, May.
    16. Tom McInish & James Upson & Robert A. Wood, 2014. "The Flash Crash: Trading Aggressiveness, Liquidity Supply, and the Impact of Intermarket Sweep Orders," The Financial Review, Eastern Finance Association, vol. 49(3), pages 481-509, August.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Chen, Rong & Geng, Heng (Griffin) & Lin, Hai & Nguyen, Phuong Thi Ly, 2021. "Liquidity, informed trading, and a market surveillance system: Evidence from the Vietnamese stock market," Pacific-Basin Finance Journal, Elsevier, vol. 67(C).
    2. Mai, Nhat Chi, 2020. "Essays on the Vietnam Stock Market," OSF Preprints 3uaqt, Center for Open Science.
    3. Bernhard Boockmann & Roland Vaubel, 2009. "The Theory of Raising Rivals’ Costs and Evidence from the International Labour Organisation," The World Economy, Wiley Blackwell, vol. 32(6), pages 862-887, June.
    4. Cowan, Arnold R. & Salotti, Valentina, 2020. "Anti-selective disclosure regulation and analyst forecast accuracy and usefulness," Journal of Corporate Finance, Elsevier, vol. 64(C).
    5. Cumming, Douglas & Dannhauser, Robert & Johan, Sofia, 2015. "Financial market misconduct and agency conflicts: A synthesis and future directions," Journal of Corporate Finance, Elsevier, vol. 34(C), pages 150-168.
    6. Stavins, Robert, 2005. "The Effects of Vintage-Differentiated Environmental Regulation," Working Paper Series rwp05-031, Harvard University, John F. Kennedy School of Government.
    7. Michaelis, Peter, 1995. "Political competition, campaign contributions and the monopolisation of industries," Kiel Working Papers 693, Kiel Institute for the World Economy (IfW Kiel).
    8. Cline, Brandon N. & Williamson, Claudia R. & Xiong, Haoyang, 2021. "Culture and the regulation of insider trading across countries," Journal of Corporate Finance, Elsevier, vol. 67(C).
    9. Y. Hossein Farzin & Jinhua Zhao, 2003. "Pollution Abatement Investment When Firms Lobby Against Environmental Regulation," Working Papers 2003.82, Fondazione Eni Enrico Mattei.
    10. Harold Mulherin, J., 2007. "Measuring the costs and benefits of regulation: Conceptual issues in securities markets," Journal of Corporate Finance, Elsevier, vol. 13(2-3), pages 421-437, June.
    11. Omer Moav & Zvika Neeman, 2004. "Inspection in Markets for Experience Goods," Discussion Paper Series dp349, The Federmann Center for the Study of Rationality, the Hebrew University, Jerusalem.
    12. Bouwe R. Dijkstra & Anuj J. Mathew & Arijit Mukherjeea, 2011. "Strict environmental policy: An incentive for FDI," Faculty Working Papers 08/11, School of Economics and Business Administration, University of Navarra.
    13. Martimort, David, 2019. ""When Olson Meets Dahl": From Inefficient Groups Formation to Inefficient Policy-Making," CEPR Discussion Papers 13843, C.E.P.R. Discussion Papers.
    14. James Hollyer, 2010. "Conditionality, compliance, and domestic interests: State capture and EU accession policy," The Review of International Organizations, Springer, vol. 5(4), pages 387-431, December.
    15. Douglas Cumming & Sofia Johan & Denis Schweizer, 2017. "Information systems, agency problems, and fraud," Information Systems Frontiers, Springer, vol. 19(3), pages 421-424, June.
    16. Neupane, Suman & Rhee, S. Ghon & Vithanage, Kulunu & Veeraraghavan, Madhu, 2017. "Trade-based manipulation: Beyond the prosecuted cases," Journal of Corporate Finance, Elsevier, vol. 42(C), pages 115-130.
    17. Paulo Pereira Silva & Isabel Vieira, 2022. "On the Effects of Capital Markets’ Regulation on Price Informativeness: an Assessment of EU Market Abuse Directive," Financial Markets and Portfolio Management, Springer;Swiss Society for Financial Market Research, vol. 36(2), pages 125-157, June.
    18. M. De Clercq & F. Senesael & A. Seyad, 1996. "The Dynamics Of Interaction Between Industry And Politics. The Introduction Of Ecotaxes In Belgium," Business Strategy and the Environment, Wiley Blackwell, vol. 5(3), pages 207-215, September.
    19. Cline, Brandon N. & Posylnaya, Valeriya V., 2019. "Illegal insider trading: Commission and SEC detection," Journal of Corporate Finance, Elsevier, vol. 58(C), pages 247-269.
    20. Stavins, Robert & Keohane, Nathaniel & Revesz, Richard, 1997. "The Positive Political Economy of Instrument Choice in Environmental Policy," RFF Working Paper Series dp-97-25, Resources for the Future.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:wly:reggov:v:15:y:2021:i:4:p:1350-1369. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://doi.org/10.1111/(ISSN)1748-5991 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.