Einde inhoudsopgave
EU Equity pre- and post-trade transparency regulation (LBF vol. 21) 2021/14.II.1
14.II.1 Head count
mr. J.E.C. Gulyás, datum 01-02-2021
- Datum
01-02-2021
- Auteur
mr. J.E.C. Gulyás
- JCDI
JCDI:ADS266763:1
- Vakgebied(en)
Financieel recht / Bank- en effectenrecht
Financieel recht / Europees financieel recht
Financiële dienstverlening / Financieel toezicht
Voetnoten
Voetnoten
As pointed out by Lee, there are three basic types of contracts that govern the flow of data. The three contracts are: (1) between the direct feed (e.g. an RM, MTF or SI) and a data vendor (e.g. Bloomberg or Refinitiv), (2) between the direct feed (e.g. an RM, MTF or SI) and an end-user (a retail or professional investor), and (3) between data vendors and the end-user (R. Lee, What is an Exchange? – The Automation, Management, and Regulation of Financial Markets, Oxford, 2002, p. 105). For an examination of the terms data user (end-user or data vendor) and data supplier (direct feed or data vendor) reference is made to part III, chapter 10 (conceptual framework of publication and consolidation).
ESMA Final report MiFID II/MiFIR, December 2014 (ESMA/2014/1569), p. 297.
A ‘ticker’ refer to the symbol to identify a financial instrument (L. Harris, Trading & Exchanges: Market Microstructure for Practitioners, Oxford University Press, 2003, p. 99). For example, the ticker (symbol) for Royal Dutch Shell is ‘RD’ for the A-shares and ‘RBD’ for the B-shares (https://www.dfbonline.nl/begrip/5614/ticker-symbol).
ESMA Final report MiFID II/MiFIR, December 2014 (ESMA/2014/1569), p. 297.
ESMA Final report MiFID II/MiFIR, December 2014 (ESMA/2014/1569), p. 297.
Simply put, an API (application programming interface) enables a person to access the software of another person. A data-user can use an API (through the internet) to directly access the software of a data source. For example, Euronext enables clients to ‘pull’ pre- and post-trade data from the Euronext API (https://www.euronext.com/nl/node/538).
ESMA, Consultation Paper: MiFID II/MiFIR review report, 12 July 2019 (ESMA70-156-1065), p. 23.
ESMA Consultation Paper: MiFID II/MiFIR, 22 May 2014 (ESMA/2014/549), p. 227.
Under this model, the client reports data usage directly to the data source (e.g. RM), which is then in a position to perform the netting of the client usage. ESMA, Consultation Paper: MiFID II/MiFIR, 22 May 2014(ESMA/2014/549), p. 227.
ESMA Final report: MiFID II/MiFIR, December 2014 (ESMA/2014/1569), p. 298.
See, for example, London Stock Exchange/Borsa Italiana, Real Time Market Data Agreement, 1 October 2018. The data agreement contains different prices depending on the amount of applications using the (equity) pre- and post-trade data (ibid).
Pypi, Simple FIX Protocol implementation for Python, 29 April 2020 (available at: https://pypi.org/project/simplefix/).
A main variable of equity pre- and post-trade data products – as apparent in the commercial terms between a data user (end-user or data vendor) and data supplier (direct feed or data vendor)1 – is the so-called head count. The term ‘head count’ refers to how the use and user type of equity pre- and post-trade data is discounted in the data price. To make this more specific, it is useful to look at the head count through five models of equity pre- and post-trade data prices. Five models to determine head count are: (1) per message/quote/ticker, (2) per user ID, (3) per device or terminal, (4) per application or (5) per business activity.2
The first model, being per message, quote, or ticker3 (model 1), indicates that the prices for the data are based on the volume of the data received.4 The last model, that is – per business activity, refers to the situation where data prices are based on the activity of the business, such as trading versus research (model 5).5 The other models, being per user ID (model 2), per device or terminal (model 3), and per application (model 4), are best understood against the background of how equity pre- and post-trade data is supplied to data users. As examined in part III of the research, equity pre- and post-trade data can be supplied directly from the original data source (e.g. an RM), for example, through the Internet (e.g. by means of so-called APIs).6 Equity pre- and post-trade data can also be supplied in an indirect manner, such as through data vendors. Very often end-users obtain the equity pre- and post-trade data indirectly via data vendors.7
The indirect supply of equity pre- and post-trade data results in several devices or terminals receiving data. For example, where an end-user of data simultaneously has access to two different data supplier terminals (two terminals) and to an API from one of both data vendors (one device), under a per device/terminal model, the end-user would be charged three times for the same data.8 The situation is different where a per user ID-model is used (model 2). In this situation, the end-user is charged only once rather than three times.9 Other examples of a head count are possible too, such as the situation where a per application-model is used (model 4).10 In this situation, the price for equity pre- and post-trade data is based on the amount of applications using the equity pre- and post-trade data.11 Examples include an application for a matching engine, an application for a trading algorithm, and so forth.12
Overview of data (information) flows in the EU equity market. Market participants can obtain the data directly from the platform, here referred to as ‘(Lit) trading venues’ (e.g. an RM). Investment firms (‘brokers’) and clients of the investment firms (‘investors’) can obtain the data directly. Other trading platforms, such as MTFs using reference prices from an RM, can also be a data user that obtains the data directly (here the MTF would be a ‘non-price-forming trading venue’ consuming equity pre-trade data and producing equity post-trade data after the trade on the MTF). Investment firms (brokers) and clients of investment firms (investors) can also obtain the data indirectly from data vendors, the latter compiling the data received from the source (e.g. RMs or MTFs).