REPORT 215 Australian equity market structure November 2010 About this report This report provides background and supplementary information and analysis on selected issues discussed in Consultation Paper 145 Australian equity market structure: Proposals (CP 145). This report: outlines the key attributes of successful equity markets and the objectives of regulation of the market for exchange market services; describes the current Australian equity market structure; observes overseas experiences in relation to equity markets; discusses issues arising from likely changes to Australian equity market structure; and foreshadows likely developments in Australian equity markets. REPORT 215: Australian equity market structure About ASIC regulatory documents In administering legislation ASIC issues the following types of regulatory documents. Consultation papers: seek feedback from stakeholders on matters ASIC is considering, such as proposed relief or proposed regulatory guidance. Regulatory guides: give guidance to regulated entities by: explaining when and how ASIC will exercise specific powers under legislation (primarily the Corporations Act) explaining how ASIC interprets the law describing the principles underlying ASIC’s approach giving practical guidance (e.g. describing the steps of a process such as applying for a licence or giving practical examples of how regulated entities may decide to meet their obligations). Information sheets: provide concise guidance on a specific process or compliance issue or an overview of detailed guidance. Reports: describe ASIC compliance or relief activity or the results of a research project. © Australian Securities and Investments Commission November 2010 Page 2 REPORT 215: Australian equity market structure Contents A About this report .................................................................................... 4 Government’s policy to introduce competition for exchange market services .................................................................................................... 4 Recent market developments .................................................................. 4 ASX–SGX merger announcement ........................................................... 5 Purpose of the report ............................................................................... 5 B Role of equity exchange markets ........................................................ 7 Purpose of exchange markets ................................................................. 8 Competition between exchange markets ..............................................12 Historical perspective on competition between exchange markets .......14 Objectives of market regulation for exchange market services .............15 C Current Australian equity market structure ......................................16 Issuers ...................................................................................................18 Equity execution venues ........................................................................19 Interconnection of trading on ASX and ASX 24.....................................23 Clearing and settlement .........................................................................24 The broking industry ..............................................................................24 Investors ................................................................................................24 Data vendors .........................................................................................25 Technology, algorithmic trading and high-frequency traders ................25 Market performance and benchmarks ...................................................26 D Overseas experience: Equity exchange markets .............................29 6 May US ‘flash crash’ ...........................................................................33 E Issues arising from likely changes to Australian equity market structure ...............................................................................................42 New or enhanced equity execution venues ...........................................45 Algorithmic trading .................................................................................45 High-frequency trading ..........................................................................46 Best execution .......................................................................................58 Transparency .........................................................................................69 Consolidation of pre-trade and post-trade information ..........................81 Pegged orders .......................................................................................83 Tick sizes ...............................................................................................84 Longer trading hours ..............................................................................87 F Likely market developments in Australia ..........................................89 Benefits and costs .................................................................................91 Issuers ...................................................................................................95 Retail investment ...................................................................................95 Linkages with derivative markets ...........................................................96 The exchange market structure with competition ..................................98 Key terms ...................................................................................................103 © Australian Securities and Investments Commission November 2010 Page 3 REPORT 215: Australian equity market structure A About this report Government’s policy to introduce competition for exchange market services 1 On 31 March 2010, the Australian Government announced its support for competition between exchange markets for trading in listed products in Australia and its in-principle support for granting an Australian market licence (market licence) to Chi-X Australia Pty Limited (Chi-X).1 The Government announced that competition is an important step in ensuring that Australia’s financial markets are innovative and efficient, as well as for the development of Australia as a leading financial centre. The decision was commensurate with Recommendation 4.5 of the Johnson Report,2 which encourages competitive, efficient and innovative equity markets. 2 The announcement of 31 March 2010 followed the Government’s announcement on 24 August 2009 that the Australian Securities and Investments Commission (ASIC) would take over the supervision of real- time trading on Australia’s domestic licensed markets,3 which the Government said was a necessary step in the process towards considering competition between market operators. Responsibility for market surveillance shifted from the Australian Securities Exchange (ASX) and a number of other domestic market operators to ASIC on 1 August 2010. 3 We note that the new Government has confirmed that competition is still its policy subject to an appropriate regulatory framework being put in place by ASIC. Recent market developments 4 Markets have evolved considerably over recent years. We expect competition for exchange market services may increase the impact of recent market structure developments. These developments are discussed in detail in this report. 1 The Hon Chris Bowen MP, Minister for Financial Services, Superannuation and Corporate Law, Media Release No. 032, Government announces competition in financial markets, 31 March 2010, http://mfsscl.treasurer.gov.au/DisplayDocs.aspx?doc=pressreleases/2010/032.htm&paragraphsID=003&min=ceba&Year=& DocType=0. 2 Australian Financial Centre Forum, Australia as a financial centre: Building on our strengths (Johnson Report), November 2009, www.treasury.gov.au/afcf/content/final_report.asp. 3 The Hon Chris Bowen MP, Minister for Financial Services, Superannuation and Corporate Law and the Hon Wayne Swan, Treasurer, Media Release No. 013, Reforms to the supervision of Australia’s financial markets, 24 August 2009, http://ministers.treasury.gov.au/DisplayDocs.aspx?doc=pressreleases/2009/013.htm&paragraphsID=003&min=ceba&Year=2 009&DocType=0. © Australian Securities and Investments Commission November 2010 Page 4 REPORT 215: Australian equity market structure ASX–SGX merger announcement 5 On 25 October 2010 ASX and Singapore Exchange (SGX) entered into a merger implementation agreement.4 The market issues raised by the merger implementation agreement are distinct from those addressed in the consultation in Consultation Paper 145 Australian equity market structure: Proposals (CP 145), and the merger proposal will be subject to various government, regulatory and shareholder approvals. For these reasons, this report does not deal with issues associated with those approvals, or the issues associated with cross-border exchange market consolidation. However, in the section on global market trends, we do note recent history in global exchange market consolidation. Purpose of the report 6 This report is intended as an aid to those reading CP 145. It provides background and supplementary information and analysis on selected issues discussed in less detail in CP 145.5 7 The report provides: (a) a historical perspective on the evolving role, characteristics and regulation of exchange markets (Section B); (b) more detail on the current Australian equity market structure