Einde inhoudsopgave
EU Equity pre- and post-trade transparency regulation (LBF vol. 21) 2021/18.IV.1.2
18.IV.1.2 Situation under MiFID I
mr. J.E.C. Gulyás, datum 01-02-2021
- Datum
01-02-2021
- Auteur
mr. J.E.C. Gulyás
- JCDI
JCDI:ADS266973:1
- Vakgebied(en)
Financieel recht / Bank- en effectenrecht
Financieel recht / Europees financieel recht
Financiële dienstverlening / Financieel toezicht
Voetnoten
Voetnoten
MiFID I required investment firms to take all reasonable steps to obtain, when executing orders, the best possible result for their clients. The MiFID I best execution-rule was laid down in art. 21 MiFID I. For an examination of the MiFID I best execution-obligations, reference is made to G. Ferrarini, ‘Best Execution and Competition between Trading Venues – MiFID’s Likely Impact’, Capital Markets Law Journal, Vol. 2, No. 4, 2007; and D. Busch, MiFID II: Stricter Conduct of Business Rules for Investment Firms, Capital Markets Law Journal, 2017/3, p. 340-380.
Similar, Finance Watch, Investing not betting. Making financial markets serve society. A position paper on MiFID 2/MiFIR, April 2012, p. 25.
For the sake of completeness, MiFID I also intended to enhance competition in the area of data publication services. For an examination of the EU strategy in this context, reference is made to paragraph 2 below.
Recital 5 MiFID I Implementing Regulation.
The EU wanted to change the ISD situation and establish a competitive market with MiFID I. MiFID I abolished the optional ISD concentration rule, which meant that investment firms were free to choose where to execute orders (provided the MiFID I best execution-obligations were met).1 The EU relied on highly harmonised pre- and post-trade transparency rules and best execution-obligations (top-down) to compensate for the lack of concentration rules.2 The MiFID I pre- and post-trade transparency rules were part of the broader EU strategy to promote competition between venues for trade execution services.3 The EU deemed a high degree of transparency to be an essential part of this framework, so as to ensure a level playing field and so that fragmentation of liquidity would not impair price formation.4 The general pre- and post-trade transparency rules were laid down in a directive (MiFID I) as supplemented by the MiFID I Implementing Regulation and MiFID I Implementing Directive.
18.IV.1.2.1 Main changes from the ISD to MiFID I18.IV.1.2.2 MiFID I Review: scope18.IV.1.2.3 MiFID I Review: RM and MTF equity pre-trade transparency waivers and waiver process18.IV.1.2.4 MiFID I Review: equity pre-trade transparency outside RMs and MTFs18.IV.1.2.5 MiFID I Review: equity post-trade transparency on RMs, MTFs, and outside such venues18.IV.1.2.6 MiFID I Review: performing calculations and operating databases18.IV.1.2.7 Interim conclusion