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players, who do millions o trades per
second, often accommodating them in
ways that bene t those players at the
expense o other participants in the
market. Although no playing eld is
entirely level, today the market is much
more tilted toward a handful o ultra-
sophisticated traders than it ever was
during the days o the ’s monopoly.
The state bodies monitoring the
exchanges suer from the same lack o
cohesion, with predictable results:
when an economic sector is governed by
multiple regulators, actors will con-
stantly engage in regulatory arbitrage,
rewarding the most lenient regulators
while diverting their activities away
from the most stringent. Before the
2008 nancial crisis, for instance, two
U.S. bank regulators—the Oce o
Thrift Supervision and the Oce o the
Comptroller o the Currency—com-
peted with each other to attract banks,
which could choose which agency’s
regulation to submit to. That never made
much sense, and lawmakers merged the
two as part o the 2010 Dodd-Frank
Wall Street Reform and Consumer
Protection Act. But to this day, the
Securities and Exchange Commission
() and the Commodity Futures
Trading Commission () compete
with each other to regulate markets.
(Blame congressional politics: the
is governed by the House and Senate
Agriculture Committees, whereas the
is governed by the House Financial
Services Committee and the Senate
Banking Committee.)
In earlier days, the concentration o
market power at the made up for
this regulatory confusion. When it came
to stock trading, the exchange proved a
much more capable regulator than the
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Keeping Our Edge
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INDEPENDENT TASK FORCE
REPORT NO. 77
FA 187_rev.indd 1 9/23/19 10:32 AM