Short Selling, COVID-19 and the Regulators – Lessons Learned

Abstract

Abstract 385Some national competent authorities (NCAs), as well as ESMA, have responded with short-selling bans and other restrictions to the COVID-19 pandemic. This approach has attracted criticism in both legal and economic literature. Although the COVID-19 pandemic has been overcome, or at least ways of dealing with COVID-19 have been found, it is of crucial importance for future EU short selling regulation how the legal basis of the measures for exceptional situations is designed and how the supervisory authorities will deal with it. This is valid not least because we are living in a time in which one crisis (COVID-19) follows the next (Ukraine war, gas shortage, inflation etc). Against this backdrop, this paper reviews the academic assessment of the supervisory approach taken and aims to contribute to an improved legislative and supervisory approach regarding short selling in (future) crises.386