Understanding market manipulation is not just a matter of compliance, but a powerful tool for maintaining the integrity and fairness of financial markets.
In this article, we'll delve into the definition of market manipulation, focusing on its impact on trading in financial instruments such as shares, options, and bonds. We'll explore common indicators of market manipulation and the motives behind such illicit activities.
The legal definitions of market manipulation are laid out in Article 12 in the EU Regulation 596/2014, also known as the Market Abuse Regulation (MAR). It came into effect in July 2016 in the EU and was implemented into UK law in December 2020, only with minor changes to ensure it operates effectively in the UK.
Market manipulation is one of the two crimes under the umbrella of market abuse, along with insider trading. It refers to the deliberate attempt to mislead the market by providing false or misleading signals about financial instruments' supply, demand, or prices.
This can involve entering a transaction or placing an order that artificially affects the price of one or more financial instruments. Market manipulation can also be done indirectly by spreading false or misleading information about a listed company.
Needless to say, it's illegal to engage in market manipulation, which is also noted in MAR Article 15: "A person shall not engage in or attempt to engage in market manipulation".
What's worth noting here is that any attempt to engage in market manipulation is also considered a criminal act. It doesn't have to succeed to be illegal.
Regarding investment recommendations, in February 2024, the European Securities and Markets Authority (ESMA) published a warning note for people posting investment recommendations on social media.
In short, ESMA states that anyone providing investment recommendations must also:
For professionals and experts issuing recommendations, there are additional requirements, for instance, to present the basis for the valuation and the methodologies used when analysing a company.
Read further: A guide to AML and MAR for investment funds and asset managers
For instance, when someone buys at a high price and sells at a lower price for the same instrument on the same trading day, it could be a sign of market manipulation. The same applies to buy and sell orders, even if they don't result in immediate trades or any trades at all.
For example, a large buyer of shares might aggressively push the price up while at the same time having an even larger sell order in the market at a higher limit price. This tactic aims to mislead others into buying shares at higher prices, making the big sell order appear more attractive when there is an upward trend in the stock.
An example can be pushing the share price up, which can significantly impact the options and futures from the same issuer.
Relating to amateur research and investment recommendations in social media, it's important to look for timely trades connected to relevant posts or publications, such as underlying derivatives or dual-listed securities, since amateur research can also have a large impact on the share price.
The key to all these signs and many more is to understand the true intent behind the acting. If the intention behind an action seems to be to affect the share price rather than buying shares to own them, it's a strong sign of suspicious market manipulation.
As we generally see in our work, the absolute most common motive is personal financial gain, whether directly or through a company.
Another motive could be to gain a professional advantage. A typical example is that a fund manager might be interested in affecting the price of one or more shares to affect a certain fund's net asset value (NAV), particularly for the year-end valuation.
For professional actors in the financial industry, a performance-based salary can also be a motive to manipulate the market, either for personal gain or to improve the performance of a client's portfolio.
Many organisations struggle to implement the necessary level of surveillance for market compliance. Monitoring market and trading activity is resource-intensive and complex, especially when dealing with false positives, manual processes, legacy systems, and poor data quality.
Use Trapets to elevate your surveillance team and efforts with proven and reliable technology. You get the tools to detect, investigate, and report suspicious trades and market activity.
If you need additional surveillance team expertise or if your organisation doesn't possess the necessary capabilities, we have the perfect solution of combined human expertise and technology.
Understanding market manipulation and its impact on financial markets is essential for maintaining fairness and integrity.
The legal definitions and common indicators of market manipulation provide valuable insights into how you can identify and prevent such illicit activities.
Adhering to regulations and ethical practices is not just a formality, but a cornerstone of transparency and trust in the financial industry. By staying informed and vigilant, we can all contribute to a more secure and equitable financial environment