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The Placebo Effect of Insider Dealing Regulation
Luca Enriques1, Yoon-Ho Alex Lee, Alessandro Romano
1Bocconi University, ECGI and EBI.
Summary
Corporate insiders exploit non-public information through traditional and shadow trading, impacting markets similarly. Current regulations, however, only curb traditional insider trading, allowing shadow trading to persist, benefiting insiders at the expense of outside investors.
Area of Science:
- Finance
- Corporate Governance
- Market Regulation
Background:
- Insider trading, both traditional and shadow, involves leveraging material non-public information.
- Traditional insider trading concerns a firm's own stock, while shadow trading involves related companies' stock.
- Existing regulatory frameworks primarily target traditional insider trading.
Purpose of the Study:
- To analyze the market and corporate governance consequences of traditional and shadow trading.
- To investigate the effectiveness of current insider trading regulations in protecting outside investors.
- To explore the potential efficiency of the current regulatory arrangement despite its flaws.
Main Methods:
- Comparative analysis of traditional and shadow trading impacts.
- Review of regulatory approaches in the EU, UK, and US.
- Survey of 200 retail investors to gauge their perceptions and experiences.
Main Results:
- Traditional and shadow trading yield similar consequences for financial markets and corporate governance.
- Regulators focus on traditional insider trading, neglecting shadow trading.
- Retail investors may be lulled into a false sense of security by regulations targeting only traditional insider trading.
Conclusions:
- Current insider trading regulations may not fully protect outside investors, as shadow trading remains a viable profit avenue for insiders.
- The placebo effect of traditional insider trading bans might inadvertently facilitate insider profits through shadow trading.
- Despite concerns for investor protection, the current regulatory landscape might possess a degree of economic efficiency.
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