The crisis of the regulation by the ex post sanction: New avenues of financial regulation, from the subprime crisis to high frequency trading
Type de matériel :
TexteLangue : français Détails de publication : 2020.
Sujet(s) : Ressources en ligne : Abrégé : Unaltered operation of the financial markets and the protection of investors and savers require the implementation of financial regulation to prevent and punish illicit practices such as failure to comply with rules and market abuse. The increasing complexity of financial activities may make it more difficult to characterize unlawful practices and thus deter them by financial or pecuniary sanctions in litigation proceedings. This article explores the interests and limitations of three of the ways in which the financial regulator can respond to these challenges: the use of settlements, the implementation of procedural regulation strategies, and the use of algorithmic regulation devices.
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Unaltered operation of the financial markets and the protection of investors and savers require the implementation of financial regulation to prevent and punish illicit practices such as failure to comply with rules and market abuse. The increasing complexity of financial activities may make it more difficult to characterize unlawful practices and thus deter them by financial or pecuniary sanctions in litigation proceedings. This article explores the interests and limitations of three of the ways in which the financial regulator can respond to these challenges: the use of settlements, the implementation of procedural regulation strategies, and the use of algorithmic regulation devices.
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