Regulating Financial Market Infrastructures

Forthcoming draft chapter, The Oxford Handbook on Financial Regulation, edited by Eilís Ferran, Niamh Moloney, and Jennifer Payne, (Oxford University Press).

European Corporate Governance Institute (ECGI) - Law Working Paper No. 259/2014

43 Pages Posted: 17 Jun 2014 Last revised: 16 Dec 2015

See all articles by Guido Ferrarini

Guido Ferrarini

University of Genoa - Law Department and Centre for Law and Finance; European Corporate Governance Institute (ECGI)

Paolo Saguato

George Mason University, Antonin Scalia Law School; Genoa Centre for Law and Finance

Date Written: June 1, 2014

Abstract

This paper focuses on the impact of financial market infrastructures (FMIs) and of their regulation on the post-crisis transformation of securities and derivatives markets. It examines, in particular, the role that trading and post-trading FMIs, and their new regulatory regime, are playing in the expansion of ‘public’ securities and derivatives markets, and the progressive shrinkage of ‘private’ markets (which broadly coincide with the ‘unregulated’ or ‘less regulated’ over-the-counter (OTC) markets).

The paper provides an overview of the policy approaches underlying the international crisis-era reforms to FMIs, and focuses on the dichotomy between the ‘systemic risk’ and ‘transaction costs’ approaches to financial markets and FMIs regulation. By reviewing the current move from ‘private’ markets to ‘public’ markets internationally, and with respect to the EU and US regimes, we analyze the role of trading infrastructures as liquidity providers, both in the securities markets and in the derivatives markets. And, shifting the focus to post-trading infrastructures – central clearing houses (CCPs), central securities depositories (CSDs), and trade repositories (TRs) – we address their role in supporting financial stability and market transparency. We conclude by identifying how regulators are now more deeply involved in FMIs’ governance and operation. We argue that such policy approach resulted in regulatory initiatives which move in the direction of increasing the systemic scope of FMIs, introducing elements of publicity in private markets, and calling for higher public supervision.

Keywords: financial markets, financial market infrastructure, exchange, clearing house, central securities depository, systemic risk, transaction cost, securities market, derivatives market, MiFID II, EMIR, MiFIR, Dodd-Frank Act

JEL Classification: G15, G18, G21, G23, G28, G38, K22, K23

Suggested Citation

Ferrarini, Guido and Saguato, Paolo, Regulating Financial Market Infrastructures (June 1, 2014). Forthcoming draft chapter, The Oxford Handbook on Financial Regulation, edited by Eilís Ferran, Niamh Moloney, and Jennifer Payne, (Oxford University Press).; European Corporate Governance Institute (ECGI) - Law Working Paper No. 259/2014. Available at SSRN: https://ssrn.com/abstract=2450095

Guido Ferrarini (Contact Author)

University of Genoa - Law Department and Centre for Law and Finance ( email )

Via Balbi, 22
16126 Genova, 16100
Italy
+39 010 209 9894 (Phone)
+39 010 209 9890 (Fax)

HOME PAGE: http://www.clfge.org

European Corporate Governance Institute (ECGI)

c/o ECARES ULB CP 114
B-1050 Brussels
Belgium

HOME PAGE: http://www.ecgi.org

Paolo Saguato

George Mason University, Antonin Scalia Law School ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8278 (Phone)

HOME PAGE: http://www.paolosaguato.com

Genoa Centre for Law and Finance ( email )

Via Balbi 22
Genoa, Genoa 16100
Italy

HOME PAGE: http://www.clfge.org/

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