REGULATION OF FINANCIAL MARKETS: TOWARD A FOCUSED APPROACH

Abstract

Regulation of financial markets arose in a simpler time when transactions were carried out face to face on an exchange floor or in a banker's office—when trading was localized and the variety of financial instruments was small. Today the task of regulators is much more difficult. Markets are global, trading takes place in cyberspace, and the variety of financial instruments is limitless.The initial focus, and still the central concern, of our regulatory system is to ensure full corporate disclosure and transparency of trading markets. But regulation today goes far beyond disclosure requirements. The existing tendency to expand regulation to match the expanding financial markets is likely to be inefficient, unwieldy, and too costly, given the increased complexity and global nature of financial markets. A new approach and a new regulatory mindset are needed—one in which regulators aim to identify and provide only necessary regulation rather than simply continuing to expand regulatory oversight. Such a focused approach to regulation would separate what is regulated from what is not. Those aspects of banking that are essential to the integrity of the payments system would be regulated while other aspects would not. Some securities and derivatives markets would be regulated, while others would not. And market participants would be able to choose which markets to participate in. Given an ever‐expanding financial system, such a focused approach to regulation is not only the most cost effective one—it is also likely to prove the only workable alternative to a system that is now under great pressure.