United Kingdom

Topic: Market abuse

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FCA Market Watch 69

On 17 May 2022, the FCA published the latest edition of Market Watch, its newsletter on market conduct and transaction reporting issues. In Market Watch 69 the FCA covers firms’ arrangements for market abuse surveillance, drawing on its observations from engaging with small and medium sized firms. The FCA states that whilst the topics covered … Continue Reading

Financial Crime Outlook

As the economy starts to recover following the impact of the COVID-19 pandemic, regulatory changes are under way in the anti-money laundering and market abuse space. In addition, the events in Ukraine, and the wide range of financial sanctions imposed on Russia in response, are having a significant impact on financial markets and must now … Continue Reading

ESMA objects to Commission’s proposed amendments on its draft ITS on insider lists

On 3 May 2022, the European Securities and Markets Authority (ESMA) issued two opinions regarding the European Commission’s proposed amendments to the regulatory technical standards (RTS) on liquidity contracts for SME Growth Market issuers and the implementing technical standards (ITS) on insider lists. The draft RTS and ITS were initially adopted by the ESMA in … Continue Reading

FCA updates UK MAR webpage

On 25 April 2022, the Financial Conduct Authority (FCA) updated its webpage on the UK Market Abuse Regulation (UK MAR). The FCA has updated the text under the heading ‘Managers’ transactions’ which concerns Article 19 UK MAR which requires persons discharging managerial responsibilities within certain issuers (PDMRs), and persons closely associated with them (PCAs), to … Continue Reading

ESMA guidelines on MAR delay in the disclosure of inside information and interactions with prudential supervision

On 13 April 2022, there was published the official translations of the European Securities and Markets Authority’s guidelines concerning delay in the disclosure of inside information and interactions with prudential supervision. The official translations can be accessed on this link and then click the blue ‘i’ in the ‘Info’ column. The guidelines apply 2 months … Continue Reading

ACER updates TRUM

On 31 March 2022, the European Union Agency for the Cooperation of Energy Regulators (ACER) published an updated version of its Transaction Reporting User Manual (TRUM) and its Annex II. The update follows a five month consultation and the amendments provide guidance on the reporting of transactions related to the transportation of natural gas, which … Continue Reading

Ofgem – Decision on changes to REMIT Penalties Statement and REMIT Procedural Guidelines

On 23 March 2022, Ofgem announced that it was implementing the changes to its REMIT Procedural Guidelines and REMIT Penalties Statement that it consulted on last year. This includes the decision to remove the middle and late settlement windows, and to allow the director with responsibility for enforcement to make decisions in settlement cases. The … Continue Reading

Manipulative trading practices: A guide for banks’ legal and compliance departments

The events in Ukraine are having a significant impact on financial markets. In the UK, the FCA recently issued a statement reminding issuers of securities admitted to UK trading venues of their disclosure obligations under the UK Market Abuse Regulation. More widely, the FCA will be keeping a close eye on market conduct during this … Continue Reading

FCA statement ‘Events in Ukraine – impact on financial markets’

On 3 March 2022, the FCA issued a statement on its website concerning events in Ukraine and the sanctions imposed on Russia, reminding issuers of securities admitted to UK trading venues of their disclosure obligations under the UK Market Abuse Regulation (MAR). The statement goes on to remind companies in scope of MAR that they … Continue Reading

Manipulative trading practices: A guide for banks’ legal and compliance departments

UK regulators have sent strong messages to financial institutions operating manipulative trading practices. As at 31 March 2021, the Financial Conduct Authority had 17 market manipulation cases open according to its 2020-21 Annual Report and the Office of Gas and Electricity Markets has also made it clear that market manipulation will not be tolerated. To … Continue Reading

Administrative and criminal sanctions and other administrative measures imposed under the MAR in 2020

On 23 November 2021, the European Securities and Markets Authority published its annual report on administrative and criminal sanctions, as well as other administrative measures, issued across the European Union under the Market Abuse Regulation in 2020. The annual report describes an increase in the number of administrative sanctions and measures in 2020 compared to … Continue Reading

FCA Market Watch 68

On 16 November 2021, the FCA published its latest newsletter regarding market conduct and transaction reporting issues, titled Market Watch 68. This Market Watch discusses web-based trading platforms which are widely used for rates and fixed income products. The FCA have observed wholesale brokers introducing types of electronic trading platforms to increase access to liquidity … Continue Reading

Commission Delegated Regulation supplementing MAR with regard to RTS containing a template document for cooperation arrangements with third countries

On 11 October 2021, there was published in the Official Journal of the EU (OJ) Commission Delegated Regulation (EU) 2021/1783 of 2 July 2021 supplementing the Market Abuse Regulation (MAR) with regard to regulatory technical standards (RTS) containing a template document for cooperation arrangements with third countries. Article 26(1) of MAR requires the competent authorities … Continue Reading

Commission adopts Delegated Regulation supplementing MAR with RTS on cooperation arrangements with third countries

On 14 September 2021, the European Commission adopted a Delegated Regulation of 2 July 2021 supplementing the Market Abuse Regulation with regard to regulatory technical standards containing a template document for cooperation arrangements with third countries and an Annex containing a template document. The adoption of the Delegated Regulation had been delayed due to the … Continue Reading

Ofgem consults on changes to its REMIT procedural guidelines and REMIT penalties statement

On 17 August 2021, the Office of Gas and Electricity Markets (Ofgem) issued a consultation paper on changes to its REMIT procedural guidelines and REMIT penalties statement. These documents set out how Ofgem uses its powers to enforce REMIT and how it determines penalties for REMIT breaches. Changes to these documents are being made to … Continue Reading

ESMA updates Q&As on MAR

On 6 August 2021, the European Securities and Markets Authority updated its Q&As on the Market Abuse Regulation. Specifically ESMA has inserted answers to the following new questions all dealing with the disclosure of inside information: Q5. 8 – Interaction between MAR and Credit Rating Agencies Regulation. Q5. 9 – Disclosure to the public of … Continue Reading

ACER – updated Q&As on REMIT 25th edition

On 29 July 2021, the EU Agency for the Cooperation of Energy Regulators (ACER) published the 25th edition of its Questions and Answers on the Regulation on wholesale energy market integrity and transparency (REMIT). The 25th edition of the Q&As on REMIT provides the following new Q&As: 3.9 – Under which conditions Citizens Energy Communities … Continue Reading

ACER publishes updated guidance on REMIT

On 22 July 2021, the EU Agency for the Cooperation of Energy Regulators (ACER) published the sixth edition of its guidance on the Regulation on wholesale energy market integrity and transparency (REMIT). The guidance is intended to help EU national regulatory authorities on the application of the definitions set out in Article 2 of REMIT … Continue Reading

Fifth edition of ACER guidance on the application of REMIT

On 11 May 2021, the European Union Agency for the Cooperation of Energy Regulators (ACER) published the fifth edition of its guidance on the application of the Regulation on wholesale energy market integrity and transparency (REMIT). In this edition, ACER provides more detailed guidance concerning the definition of information and inside information under REMIT.… Continue Reading

ACER updates guidance to facilitate REMIT transaction reporting

On 3 May 2021, the EU Agency for the Cooperation of Energy Regulators (ACER) published updated REMIT guidance comprising of: New version of Annex II of the Transaction Reporting User Manual (TRUM). Annex VII of the Manual of Procedures on data reporting. FAQs on transaction reporting and on fundamental data and inside information. Annex II … Continue Reading
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