RE: DARK POOLS22 Jul 2025 17:06
....'The main purpose of dark pools is to
minimise market impact. By restricting access to undesirable market participants – for example,
high-frequency trading firms – and by not revealing prices, dark pools enable institutional investors
to minimise their information disclosure and realise more efficient executions.
More precisely, dark pools create the possibility of price improvement and lesser transaction costs
by crossing orders at the midpoint of the quoted NBBO prices, which saves on both the bid-offer
spread and on exchange fees.
Why are governments worldwide considering tighter regulation of dark pools?
Dark pools have been criticised for their lack of transparency, along with their potential to cause
fragmentation, which can lead to less efficient pricing. This has led to growing calls for greater
transparency of trading venues. It has also potentially opened up dark pool operators to wider legal
action from government agencies.
Last year, in the US, the Chief Executives of NYSE Euronext, Nasdaq OMX and BATS Global Markets
urged regulators to introduce rules permitting trades to only take place away from a public exchange
if a customer is getting an improved price. These exchanges referred to steps taken by Canadian and
Australian regulators to fight the rise of dark pools.
There may now be greater incentive to increase regulation of dark pools in the UK following legal
action taken against Goldman Sachs and Barclays in the US. Goldman Sachs was fined $800,000 by
FINRA for failing to ensure that trades executed in their dark pool were being made at the best price,
while New York State filed a lawsuit against Barclays relating to high-frequency trading in its dark
pool.
The fine and lawsuit follows the SEC’s announcement that it would review the transparency rules
regarding dark pools in a bid to make them more open. Due to increased criticism and legal activity,
some dark pools have in recent months voluntarily published information on how they
operate. We can expect further light to be shed on dark pools in the months and years
ahead.
Siobhain Egan is a Director at Lewis Nedas Law [lewisnedas.co.uk], a leading white
collar and corporate crime law firm based in London. She has more than 24 years’
experience as a solicitor, specializing in areas including financial crime, regulatory defence,
compliance, and business investigations.'