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Topic: Market abuse

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ACER updates its REMIT data reporting guidance

On 24 November 2022, the European Union Agency for the Cooperation of Energy Regulators (ACER) announced that it has updated its REMIT data reporting guidance. Following extensive consultation with stakeholders launched in June 2022 that aimed to improve REMIT data reporting, ACER had published: The updated Transaction Reporting User Manual (TRUM) and its annexes. The … Continue Reading

ESMA report on the administrative and criminal sanctions and other administrative measures imposed under the Market Abuse Regulation in 2021

On 18 November 2022, the European Securities and Markets Authority (ESMA) published a report on the administrative and criminal sanctions and other administrative measures imposed under the Market Abuse Regulation (MAR) in 2021. Article 33 of MAR obliges ESMA to publish an annual report with aggregated information of all penalties and measures imposed by Member … Continue Reading

ACER and ESMA enhance cooperation to strengthen oversight of energy and energy derivatives markets

On 18 October 2022, the EU Agency for the Cooperation of Energy Regulators (ACER) and the European Securities and Markets Authority (ESMA) announced that they are strengthening their cooperation to further improve information exchange and avoid potential market abuse in Europe’s spot and derivative markets. Henceforth, ACER and ESMA have announced the following: New joint … Continue Reading

Commission Delegated Regulation (EU) 2022/1959 supplementing MAR with regards to RTS setting out a contractual template for liquidity contracts for the shares of issuers whose financial instruments are admitted to trading on an SME growth market

On 18 October 2022, there was published in the Official Journal of the European Union (OJ) Commission Delegated Regulation (EU) 2022/1959 of 13 July 2022 supplementing the Market Abuse Regulation with regards to regulatory technical standards setting out a contractual template for liquidity contracts for the shares of issuers whose financial instruments are admitted to … Continue Reading

New briefing note: Key takeaways in relation to the FCA’s decision concerning Sir Christopher Gent

The FCA has recently fined Sir Christopher Gent, former non-executive Chairman of a global medical products and technologies company (the Company), £80,000 for the unlawful disclosure of inside information relating to the Company in contravention of the EU Market Abuse Regulation (EU MAR). The published decision contains a number of key takeaways in relation to … Continue Reading

FCA Market Watch 70

On 3 October 2022, the FCA published Market Watch 70. Market Watch is the FCA’s newsletter on market conduct and transaction reporting issues. In this issue the FCA outlines some of its recent observations on the transaction reporting and instrument reference data regimes. Key points in this issue of Market Watch include: National identifiers. The … Continue Reading

ESMA updates Q&As on the Market Abuse Regulation

On 23 September 2022, the European Securities and Markets Authority (ESMA) updated their Q&As on the Market Abuse Regulation. The following have been updated under the section concerning the disclosure of inside information: 5.11 Financial guidance and disclosure of inside information. 5.12 Market analysts’ expectations and the identification of inside information.… Continue Reading

Commission Implementing Regulation laying down ITS for the application of MAR with regard to the format of insider lists and their updates

On 14 July 2022, there was published in the Official Journal of the EU (OJ) Commission Implementing Regulation (EU) 2022/1210 of 13 July 2022 laying down implementing technical standards for the application of the Market Abuse Regulation with regard to the format of insider lists and their updates. The Implementing Regulation enters into force on … Continue Reading

Delegated Regulation supplementing MAR with RTS on a contractual template for liquidity contracts

On 13 July 2022, the European Commission published a Delegated Regulation supplementing the Market Abuse Regulation (MAR) with regard to regulatory technical standards (RTS) setting out a contractual template for liquidity contracts for the shares of issuers whose financial instruments are admitted to trading on an SME growth market together with an annex. The RTS … Continue Reading

ESMA updated Q&As on the Market Abuse Regulation

On 23 June 2022, the European Securities and Markets Authority (ESMA) updated its Q&As on the Market Abuse Regulation (MAR). The ESMA has added a new answer concerning the scope of Article 11(1a) of the MAR. Specifically, the answer covers whether the scope of Article 11(1a) is limited to the communication of information to potential … Continue Reading

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
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