Confero Summer 2014: Issue 7 | Page 27

Be First, Be Smarter, or Cheat. make profits by buying it on the cheap market and selling it on the expensive market? On the other hand, does the premium speed granted to high frequency traders constitute a type of front-running, an illegal practice where traders get to trade ahead of the public and with faster pricing information? In other words, is trading with more up-to-date information simply being first? Or is it cheating? The on-air argument, although heated, was not without substance. Each debater scored some fair points. For example, “Flash Boys” contends that the market is “rigged” to unfairly benefit those high frequency trading firms which have paid additional premiums to the market exchange. During the argument, William O’Brien asserts that the “rigged” accusation may be a needlessly provocative term. Even if you assume the worst, how “rigged” is the market: one penny per trade? How much inefficiency can a market reasonably accept? O’Brien points out that using such incendiary language is good for making headlines but needlessly frightening to the overwhelming majority of the investing public, which does not directly compete with high frequency traders. Perhaps, however, O’Brien is a little aggressive to accuse the author of corruption, by installing fear of markets like BATS to promote an alternative marketplace, namely Katsuyama’s exchange. To its credit, Michael Lewis’ book has inspired a fresh and knowledgeable look at a business practice which deserves scrutiny. Under pressure from the New York Attorney General’s office, BATS has had to acknowledge incorrect information O’Brien gave during the on-air debate; specifically, O’Brien did not acknowledge that some market exchanges used slower information feeds, which could be outpaced by high frequency traders. In late June 2014, the US Senate opened a hearing on “Conflicts of Interest, Investor Loss of Confidence, and High Speed Trading in U.S. Stock Markets” to further analyze and discuss these issues. The key players from the on-air scuffle will be back to debate how high frequency trading affects the public – either through destabilizing the market as a whole or by siphoning returns from widely used investment managers who aren’t paying extra for premium access. In short, this fight isn’t over. n www.conferomag.com | 25