ARTICLE
31 August 2021

The Risk Of Market Abuse In Algorithmic Trading

W
WilmerHale
Contributor
WilmerHale provides legal representation across a comprehensive range of practice areas critical to the success of its clients. With a staunch commitment to public service, the firm is a leader in pro bono representation. WilmerHale is 1,000 lawyers strong with 12 offices in the United States, Europe and Asia.
In its May 2021 edition of Market Watch, the FCA described actions it took to address the impact which a firm's trading algorithm was having in the market.
UK Finance and Banking
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In its May 2021 edition of Market Watch, the FCA described actions it took to address the impact which a firm's trading algorithm was having in the market. Its concerns had been raised after the Regulator's own internal surveillance algorithm had flagged the activity. Following the FCA's intervention, adjustments were made to the trading algorithm and its control framework, in order to avoid "undue influence on the market".

Commentary

Very little detail about either the nature or significance of the potential 'undue influence' is provided. However, the note provides a reminder of the challenges of increasingly complex algorithmic trading and AI systems. Irrespective of how a trading system has been set up, firms will be expected to monitor its output, to assess whether its activity may have the characteristics of potentially abusive market conduct.

Firms are reminded of the recommendations of good practice in the FCA's 2018 report, 'Algorithmic Trading Compliance in Wholesale Markets', and the PRA's Supervisory statement on algorithmic trading.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
31 August 2021

The Risk Of Market Abuse In Algorithmic Trading

UK Finance and Banking
Contributor
WilmerHale provides legal representation across a comprehensive range of practice areas critical to the success of its clients. With a staunch commitment to public service, the firm is a leader in pro bono representation. WilmerHale is 1,000 lawyers strong with 12 offices in the United States, Europe and Asia.
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