The Market Structure Crisis: Electronic Stock Markets, High Frequency Trading, and Dark Pools

This book explores various regulatory, legal, and competitive pressures that the U.S. securities industry is facing as a result of the intense regulatory scrutiny of the modern electronic marketplace and the heated public debate stirred by Flash Boys by Michael Lewis. This collection of previously published and unpublished materials includes the following articles and white papers: 1. 20 Predictions for the Future of the Market Structure Crisis - provides an overview of the current market structure crisis and offers forecasts for regulatory, legal, and commercial developments 2. Deconstructing Maker-Taker - analyzes the nature and implications of the maker-taker pricing model and discusses its role in the current market structure 3. Reigniting the Order Type Debate - reviews recent order type-related rule submissions by securities exchange and discusses the nature of "undocumented" order type features and order matching engine practices 4. The Problem of Fragmentation and Potential Solutions - presents various issues related to the "dispersed" trading process, analyzes different order flow allocation mechanisms, such as maker-taker and payment for order flow arrangements, and reviews potential regulatory solutions 5. HFT Regulation and Market Structure Reform - discusses the emergence of HFT regulation, including various proposals concerning restraints on electronic trading, approaches to slowing down or mechanically restraining the trading process, and the elimination of certain shortcuts embedded in the current market structure 6. Leveling the Playing Field: Lit and Dark Trading Venues - reviews recent enforcement actions directed at trading venues, analyzes the doctrine of regulatory immunity, and addresses a variety of other issues relevant for trading venues 7. Protecting Customers and Achieving Best Execution: Issues for Retail and Institutional Brokers - analyzes various concerns relevant for retail and institutional brokers, including the evolving duty of best execution and its extension to other parties, maker-taker and payment for order flow arrangements, and special order types 8. Litigation and the Impact of Enforcement: The Market Structure Perspective - provides as overview of the litigation landscape for market structure-related issues, including private lawsuits directed at major trading venues and brokerage firms, and discusses the significance of enforcement actions 9. Public Comment Letter on Several Order Type-Related Modifications Proposed by the New York Stock Exchange - offers a critique of the proposed functionalities and discusses the phenomenon of post-only intermarket sweep orders 10. The Flash Boys Lawsuit: The End of the Beginning? - discusses the path of the City of Providence v. BATS class action lawsuit, which has been referred to as the "Flash Boys Lawsuit," and analyzes the prospects of private lawsuits in the market structure space Appendix A - Summary of Key Enforcement Actions and Lawsuits Appendix B - Selected Market Structure-Related References

Haim Bodek is a Managing Principal of Decimus Capital Markets, LLC, a tactical consulting and strategic advisory firm focused on high frequency trading and the U.S. equities market structure. Mr. Bodek was formerly a founder and Chief Executive Officer of Trading Machines LLC, an independent high frequency options trading firm. Prior to his tenure at Trading Machines, Mr. Bodek was a Managing Director and Joint Global Head of Electronic Volatility Trading at UBS. He is an electronic trading executive and algorithmic trading strategist with over 15 years of experience in the automated trading space. Mr. Bodek’s career, experiences, and advocacy for regulatory reform of securities markets are described extensively in Dark Pools by Scott Patterson, a freelance writer and staff reporter for The Wall Street Journal. Mr. Bodek is also the subject of the documentary film The Wall Street Code directed by Marije Meerman. Mr. Bodek is known as a whistleblower who brought attention to several questionable practices of high-frequency traders and trading venues. He is generally credited with unleashing the so-called ＂order type controversy,＂ which focuses on abusive practices relating to complex nontransparent order types. Mr. Bodek’s contributions have influenced the ongoing public policy debate and the rapidly changing landscape for regulatory, enforcement, and litigation issues, and he has actively assisted the SEC in several investigations that resulted in substantial monetary fines and significant changes in practices of certain trading venues, including admissions of inaccurate disclosure. Stanislav Dolgopolov is a regulatory expert with Decimus Capital Markets, LLC. His published work focuses on market structure, legal and economic aspects of market making, and insider trading regulation. He was previously affiliated with several law firms, including Dechert LLP, and served as an adjunct professor teaching securities regulation-related classes at UCLA School of Law.