RE: Bank cartel - concerted effort to manipulate share price29 Apr 2025 13:39
@JO
With your deep knowledge JO, could you give us all a layman's interpretation of the following 'excerpt' from TO Panel Statement 33
"Prohibition on purchasing shares from an exempt principal trader connected with the offeror
Under presumption (6) of the definition of “acting in concert”, a connected adviser is presumed to be acting in concert with its client in respect of the interests in shares of that connected adviser and persons controlling, controlled by or under the same control as that connected adviser. As a result, a principal trader in the same group as a connected adviser to an offeror will normally be presumed to be acting in concert with that offeror. However, where a connected principal trader has satisfied the Executive that it is independent of the corporate finance and/or corporate broking operations of its group, and has been granted exempt status, the presumption of concertedness between the offeror and the connected principal trader will not apply. Connected exempt principal traders are, however, required to comply with, among other things, Rule 38.
Rule 38.2 provides that, during the offer period, an offeror must not deal, as principal, with an exempt principal trader connected with the offeror in the shares of the offeree company. Dealings through an anonymous order book system are, however, permitted provided that neither party to the transaction is aware of the identity of the other party. This prohibition eliminates the risk of the principle of equivalent treatment of shareholders being breached by an exempt principal trader connected with the offeror purchasing shares in the offeree company above the offer price and knowingly selling those shares to the offeror at the offer price, or at a lower price, with losses being compensated elsewhere.
Where more than one exempt principal trader is connected with an offeror, Rule 38.2 will apply to all such exempt principal traders and not only to the exempt principal trader which is a member of the same group as the broker appointed to undertake the purchase of shares. Rule 38.2 does not, however, restrict an offeror from purchasing shares in the offeree company from an exempt principal trader connected with the offeree company or with a competing offeror"