Buy-side Perspectives Issue 7 | Page 24

Equities “We’ve had a phenomenal bull market since 2008,” he said. “People may not have realised it at the time, but it’s true and it’s stayed a bull market ever since. Sooner or later, we will get a bear market. And when that happens, as stocks move down, the active guys will be able to outperform again as they can react more effectively, whereas the passive traders are just tracking an index.” Market close One of the other factors linked to all of the above is the shift towards greater trading activity at the market close. Among other signs of this, K&KGC discovered in our algorithmic research earlier this year that one of the most popular strategies is market on close. At the same time, sources on both the buy side and the sell side report greater activity in the close, while liquidity is thinning out in the intraday period. For more detail on this, see the Credit Suisse article on page 26. According to Fitzpatrick, traders like to trade at the close because there’s no information leakage, and because the HFTs don’t play there. A similar factor lies behind the popularity of new platforms such as IEX in the US, which uses speed bumps to ensure that there is no advantage to be had from lower latency. It also may be a factor in the plans at Bats Global Markets to launch an auction separately from the traditional one operated by the London Stock Exchange and other national exchanges, such as Hong Kong Exchanges and Clearing, which recently introduced its own closing auction. Biased lobbying power Regulation has been a major impact on the industry for a number of years, and in Europe MiFID II has been a central point of debate ever since it first began to be discussed in 2009/10. While the three main elements in the market may be the buy side, the sell side and the trading venues, the influence of the three groups is not equal. On the buy side, it is often felt that despite the European Commission’s ostensible aim of helping the investor, it is the asset management community that holds the least influence – while other vested interests seem to hold much more sway with regulators. 24 “It’s very true that the lobbying is unbalanced,” said Fitzpatrick. “If I were to go down to Brussels, I’d be lucky to get a meeting to see anyone. If an investment bank went down there, they’d have a much better chance because they’ve got more clout. But the exchanges are literally based in the next room, and they’ve got the regulators’ ear. They can influence the regulation and they have done and that’s a problem. They want a market that suits them, not necessarily one that is in the interests of investors.” Recent political events will also play into the debate. The election of Donald Trump as president in November 2016 was a surprise to many. But from a financial services perspective, Trump has indicated that he intends to deregulate the US banks, including watering down or reversing parts of the Dodd-Frank legislation. The end result of such a move would likely be a boost to the US banks, which would then be well-placed to increase their profits and potentially become acquisitive. At the same time, there is little to no prospect of European regulators following such a route, despite the struggling situation of many of the major EU economies. “The EU banks are really going to struggle, because they will be tied down by the burden of EU regulation and MiFID II. If the US banks surge ahead, they won’t be able to compete and that’s going to be bad for the outlook for Europe. It could be that it’s the US and Asia that are going to be leading the way in the future and Europe will fall behind. My question to the industry would be, should the market be driven by regulation? Is that really the sort of market we want to have?” The relatively severe European regulatory approach can also be highlighted by actions designed to make bank executives personally liable for mistakes and failures. Regulators in Europe have systematically targeted the top executives and made them terrified of draconian punishments including bonus clawbacks, fines and even jail time. But there is (and has been for a long time) a sentiment that the regulatory changes may be going too far. This editor recalls a conversation with Anthony Belchambers, at the time president of the Futures and Options Association, back in circa 2012 when he www.buysideintel.com mentioned that the regulatory train may be running away out of control. It is a sentiment shared by Fitzpatrick. “Would you encourage your kids to go into this industry? Knowing that salaries are getting cut, bonuses are being capped, and if you make a mistake you could end up in jail? It’s good that people are accountable but this goes too far,” he said. “The result is that banks are struggling to get the talent they need. No one wants to be on a bank board. They don’t want to be hung drawn and quartered if something goes wrong. I think the government will realise eventually the damage all this regulation is doing.” THE DEMISE OF GLOBALISATION? Fitzpatrick on Trump: “Globalisation is a huge factor. Trump is Isolationist. He says he’s going to make America great again, that he’s going to re-open the factories in Pennsylvania. The only way he’s going to do that is to stop US companies from going abroad. Has globalisation gone too far? It’s a valid question to ask. Most people inevitably go to the cheapest price possible, and that’s always in India and China because they have a large surfeit of population willing to work at very low cost.” Fitzpatrick on Brexit: “I think the UK has set the ball rolling in a way that may force the EU to take a look at itself and move away from the globalisation that they’ve been doing and the federal state. The Dutch prime minister and others are not happy, they probably agree with the UK they just haven’t gone as far as leaving the Union. They might use the UK as a reason. If you think Greece, Spain, Italy, they’ve got huge issues and those issues aren’t going away. They are stuck in an organisation they have no control of. Maybe it’s time to rein it back in again.” December 2016