ARTICLE
4 February 2019

FINRA Finds High Broker-Affiliated ATS Order Routing Is Linked With Lower Fill Rates

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
FINRA's Office of the Chief Economist ("OCE") found that brokers that route orders to affiliated alternative trading systems ("ATSs") at high rates obtain lower fill rates.
United States Finance and Banking

FINRA's Office of the Chief Economist ("OCE") found that brokers that route orders to affiliated alternative trading systems ("ATSs") at high rates obtain lower fill rates.

In a working paper, OCE analyzed order-handling information over the span of 330 million institutional orders to study whether order routing by brokers to affiliated ATSs impacts the quality of execution. FINRA's OCE found that trading costs are higher when clients select a broker with high rates of affiliated ATS routing. In addition, FINRA's OCE concluded that enhanced disclosures on order handling could benefit institutional clients with their broker selection.

Commentary / Steven Lofchie

This is a warning signal. Firms running an ATS should consider the implications of the report for any ATS it runs, in terms of attracting business, regulatory risk relating to conflicts of interest, and customer risk in terms of disclosure and best execution.

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.

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