The TRADE 51 | Page 52

[ M A R K E T R E V I E W | S Y T E M AT I C I N T E R N A L I S E R S ] operational challenges firms will encounter and there will always be the question for ESMA of how it will police this,” he added. “The trader needs more information to understand if the instrument being traded is subject to pre- and post-trade transparency.” GEOFFROY VANDER LINDEN, HEAD OF TRANSPARENCY SOLUTIONS AT TRAX “We will have exacerbated the fragmentation.” JP URRUTIA, EUROPEAN GENERAL COUNSEL, ITG 52 TheTrade Spring 2017 Lingering questions JP Urrutia, European general counsel for ITG, explains how many envisage a re-concentration of liquidity once the regime is in place, but the implications could include further fragmentation in markets. “I think the outcome is going to be far from being a re-concentra- tion of liquidity. We will have exac- erbated the fragmentation because now, instead of having a few MTFs and a spattering of broker-crossing networks, the majority of which are large bulge brackets, there is likely to be new entrants that become SIs,” he says. Rebecca Healey, Liquidnet’s head of EMEA market structure and strategy, told delegates at The TRADE’S event the challenge is taking the current model of bro- ker-crossing networks and moving it to a new environment. “SIs have to be a bilateral busi- ness, but it’s a two-way trade. So how do we move from one model to another when the whole net- work is interlinked?” ESMA sought to answer the many lingering questions via a Q&A in November last year, but instead seemed to create ‘new unknowns’ for the industry. The European regulator stated buy-side firms should carry out SI assessments by 1 September 2018, ultimately delay- ing implementation of the regime. The Q&A response explained a lack of data would mean the regime could not be fully applicable until there is at least six months of data available. “ESMA will publish the neces- sary data (EU wide data) for the first time by 1 August 2018 covering a period from 3 January 2018 to 30 June 2018,” the response said. The potential for some firms to opt into the regime in January 2018, as others choose not to could see an industry split over becoming an SI, causing further unintended consequences. Prior to the publication of the Q&A, different market participants were trying to figure out how to understand if they met the thresh- old or not. Many firms are still scratching their heads. Those on the borderline of the threshold are trying to weigh up the cost benefits of becoming an SI. McHale said that sitting back and not advancing regulatory pro- grammes, despite the delay to the regime, would not benefit anyone. Dangerous approach “I would expect people to continue to progress and use extra time to implement more strategic solu- tions. Maybe when rules are more holistic, interactions with share trading or best execution, that’s the key as people tend to focus on one part,” he said. However, Geoffroy Vander Lin- den, head of transparency solutions at Trax, countered by saying the data is crucial for the assessments. “We need the data to assist the regime…but expect side effects for the buy-side,” he said. “You have to live with that uncertainty and go