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[ F I N A L T H O U G H T S | H AY L E Y M C D O W E L L ] Hayley’s Comment Has MiFID II been a failure so far? Senior reporter Hayley McDowell offers her take on the first few months of life under MiFID II and so far it doesn’t look good. F inding tangible evidence of the effects of MiFID II has so far been a lot more difficult than I would have imagined and in the context of the regulation’s overall mission, the implementation since 3 January has so far largely been a failure. With 3 January supposedly heralding a ‘new age of transpar- ency’, I was surprised that firms operating systematic internalisers (SIs), periodic auctions or various other new venues born out of the new regulatory regime were rather guarded on the volumes and activity they had seen since MiFID II came into force. This, of course, is with the exception of some who were confidently trumpeting records on block trading platforms or a surge in periodic auction activity. But in general, it was clear that a lack of clarity on reporting requirements had perhaps skewed 82 // TheTrade // Spring 2018 the data for some venues. For trades executed within pe- riodic auctions and in some cases SIs, I was warned that a portion of the data reported had been pre- matched, suggesting that over-the counter (OTC) activity had been placed within these venues which are considered to be lit or regu- lated. The question then remains how much activity since 3 January is truly through SIs or periodic auction? I was forced to take SI and periodic auction volumes with a pinch of salt when looking at the data – it was very possible the activity had been overstated, and from an execution performance standpoint for asset managers, could very well be meaningless. Instead of providing clearer insight into activity on trading venues, it is now harder to gain a true picture of the landscape under the new regime. There are more venues now, and many are less transparent than before MiFID II came into force. Each firm offers their own round-up or ‘version’ of activity, alongside vendors who at- tempt to offer a more holistic view of the landscape. Still, it remains unclear. But before I get ahead of myself and predict the damning onslaught of MiFID III, we are only a few months into the new regime. As the industry adapts to one of the biggest regulatory interventions ever seen, there are bound to be a few bumps on the road. To prevent further disruption on this journey, it will be down to the industry as a whole to come together and solve the more immediate implemen- tation problems - something the trading community has historically been rather good at.