A.I.G., Greece, and Who’s Ignorant March 7, 2010 at 9:26 am
This is a dissection of one of the most ill-informed NYT editorials it has ever been my displeasure to read. The column tackles OTC derivatives with a blend of ignorance, paranoia, and prejudice that is deeply disturbing in a paper that aspires to a high standard of journalism.
Let’s pick a few doozies.
These particular — and particularly complicated — instruments are traded privately among banks, their clients and other investors with virtually no regulation or oversight.
No, no, no. Bank derivatives trading is regulated: there are capital requirements, conduct of business requirements, and so on. There have been for many years. What wasn’t well regulated was certain US derivatives activities of broker/dealers. Given that there aren’t any broker/dealers left – they all became banks – this is not a problem.
A big part of the problem is that derivatives are traded as private one-on-one contracts. That means big profits for banks since clients can’t compare offerings.
No. Many OTCs, including swaps, CDS on hundreds of names, and OTC FX options, are liquidly quoted, and prices are more reliable on many of them than on most exchange contracts.
That is why it is so essential to move derivative trades onto fully transparent exchanges.
How would that help? An illiquid market on an exchange is more confusing than an OTC one. At least with the OTC market, you can see that there are no prices. With the exchange, you get stale prices reported as facts, confusing the unwary. Liquid markets don’t need to be moved to exchanges, and illiquid ones are not much improved by the move.
Effective trade reporting is a separate matter: this is being achieved via mechanisms such as the DTCC reporting of credit derivatives. It does not require an exchange.
It is worth noting here that the exchange have been extremely effective at using the crisis as a tool to get more business. If they can persuade legislators that all the world’s financial problem can be solved by putting OTC derivatives on exchange, then their shareholders will be very happy. But they are simply a lobby group: we don’t have to uncritically believe all their PR.
Derivatives investors who stand to make huge profits if a company or country defaults, for example, might try to provoke default — a situation that regulators should be able to prevent.
The problem isn’t going to be solved by banning CDS. What we need is proper contract design which ensure that the voting rights of creditors go with the risk. This is a matter of derivatives documentation – and it should be relatively easily solvable.
No one could argue that derivatives markets are perfect, nor that the regulatory framework for them could not be better. But pedalling lies, half truths, and remedies that won’t work or aren’t necessary is not the answer. Can we please have some informed debate about derivatives reform?
































