IDEAS home Printed from https://ideas.repec.org/h/eme/rlwezz/s0193-589520220000030008.html
   My bibliography  Save this book chapter

Market Efficiency and Securities Fraud Litigation

In: The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring

Author

Listed:
  • Roland Eisenhuth
  • David Marshall

Abstract

The economic doctrine of market efficiency plays an essential role in securities fraud litigation. In lawsuits alleging violations of SEC Rule 10b-5, the plaintiffs typically must argue that the market for the relevant security is efficient, and therefore that the “fraud on the market” doctrine applies. However, the term “market efficiency” is often applied imprecisely. In this chapter, we discuss properties of efficient markets that have been proposed in academic research, legal scholarship, and case law. We explore what must be assumed about capital markets for each of these properties to hold. We then ask how, in practice, each property could be rebutted.

Suggested Citation

  • Roland Eisenhuth & David Marshall, 2022. "Market Efficiency and Securities Fraud Litigation," Research in Law and Economics, in: The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring, volume 30, pages 83-107, Emerald Group Publishing Limited.
    • Handle: RePEc:eme:rlwezz:s0193-589520220000030008
    DOI: 10.1108/S0193-589520220000030008
    as

    Download full text from publisher

    File URL: https://www.emerald.com/insight/content/doi/10.1108/S0193-589520220000030008/full/html?utm_source=repec&utm_medium=feed&utm_campaign=repec
    Download Restriction: Access to full text is restricted to subscribers
    File URL: https://www.emerald.com/insight/content/doi/10.1108/S0193-589520220000030008/full/epub?utm_source=repec&utm_medium=feed&utm_campaign=repec&title=10.1108/S0193-589520220000030008
    Download Restriction: Access to full text is restricted to subscribers
    File URL: https://www.emerald.com/insight/content/doi/10.1108/S0193-589520220000030008/full/pdf?utm_source=repec&utm_medium=feed&utm_campaign=repec
    Download Restriction: Access to full text is restricted to subscribers
    File URL: https://libkey.io/10.1108/S0193-589520220000030008?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
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Keywords

    Securities fraud litigation; market efficiency; reliance; fraud on the market; forecastability; materiality; G12; G14; K22; K41;
    All these keywords.

    JEL classification:

    • G12 - Financial Economics - - General Financial Markets - - - Asset Pricing; Trading Volume; Bond Interest Rates
    • G14 - Financial Economics - - General Financial Markets - - - Information and Market Efficiency; Event Studies; Insider Trading
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

    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:eme:rlwezz:s0193-589520220000030008. 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.

    We have no bibliographic references for this item. You can help adding them by using 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: Emerald Support (email available below). General contact details of provider: .

    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.