Doctor of Philosophy (PhD) / Allegations of market manipulation abound in the popular press, particularly during the recent financial turmoil. However, many aspects of manipulation are poorly understood. The purpose of this thesis is to enhance our understanding of market manipulation by providing empirical evidence on the prevalence, effects and determinants of closing price manipulation. The first issue examined in this thesis is the prevalence of closing price manipulation. This thesis uses a hand collected sample of prosecuted closing price manipulation cases from US and Canadian stock exchanges, and methods that explicitly model the incomplete and non-random detection of manipulation. The results suggest that approximately 1.1% of closing prices are manipulated. For every prosecuted closing price manipulation there are approximately 300 instances of manipulation that remain undetected or not prosecuted. Closing price manipulation is more prevalent on larger exchanges than smaller ones, but is detected at a higher rate on small exchanges. Second, this thesis examines the effects of closing price manipulation. Using a sample of prosecution cases, this thesis finds that closing price manipulation is associated with large day-end returns, subsequent return reversals, increases in day-end spreads and increases in day-end trading activity. At the broader level of market quality, this thesis provides evidence from a laboratory experiment that closing price manipulation decreases both price accuracy and liquidity. Even the mere possibility of manipulation decreases liquidity and increases trading costs. The third issue analysed in this thesis is the determinants of closing price manipulation and its detection. Estimating an empirical model of manipulation and detection, this thesis finds that the likelihood of closing price manipulation is increased by smaller regulatory budgets, greater information asymmetry, mid to low levels of liquidity, month-end days and lower volatility. Manipulation is more likely to be detected when regulatory budgets are larger and when the manipulation causes abnormal trading characteristics. Further evidence from laboratory experiments suggests that regulation helps restore price accuracy by deterring some manipulation and making remaining manipulation less aggressive. These experiments also show that regulation has an insignificant effect on liquidity because participants in regulated markets still face relatively high uncertainty about the presence of manipulators. This thesis also examines how closing price manipulation is conducted and how other market participants respond. It develops an index of closing price manipulation that can be used to study manipulation in markets or time periods in which prosecution data are not available. It also provides a tool for the detection of manipulation, which can be used by regulators in automated surveillance systems. Finally, this thesis has implications for economic efficiency and policy. Closing price manipulation is significantly more prevalent than the number of prosecution cases suggests. Further, it harms both pricing accuracy and liquidity and therefore undermines economic efficiency. The prevalence of closing price manipulation can be reduced by increasing regulatory budgets, improving the accuracy of market surveillance systems by using the detection tools developed in this thesis, structuring markets such that participants are better able to identify manipulation, and implementing closing mechanisms that are difficult to manipulate. These actions would enhance market integrity and economic efficiency.

Doctor of Philosophy (PhD) / Allegations of market manipulation abound in the popular press, particularly during the recent financial turmoil. However, many aspects of manipulation are poorly understood. The purpose of this thesis is to enhance our understanding of market manipulation by providing empirical evidence on the prevalence, effects and determinants of closing price manipulation. The first issue examined in this thesis is the prevalence of closing price manipulation. This thesis uses a hand collected sample of prosecuted closing price manipulation cases from US and Canadian stock exchanges, and methods that explicitly model the incomplete and non-random detection of manipulation. The results suggest that approximately 1.1% of closing prices are manipulated. For every prosecuted closing price manipulation there are approximately 300 instances of manipulation that remain undetected or not prosecuted. Closing price manipulation is more prevalent on larger exchanges than smaller ones, but is detected at a higher rate on small exchanges. Second, this thesis examines the effects of closing price manipulation. Using a sample of prosecution cases, this thesis finds that closing price manipulation is associated with large day-end returns, subsequent return reversals, increases in day-end spreads and increases in day-end trading activity. At the broader level of market quality, this thesis provides evidence from a laboratory experiment that closing price manipulation decreases both price accuracy and liquidity. Even the mere possibility of manipulation decreases liquidity and increases trading costs. The third issue analysed in this thesis is the determinants of closing price manipulation and its detection. Estimating an empirical model of manipulation and detection, this thesis finds that the likelihood of closing price manipulation is increased by smaller regulatory budgets, greater information asymmetry, mid to low levels of liquidity, month-end days and lower volatility. Manipulation is more likely to be detected when regulatory budgets are larger and when the manipulation causes abnormal trading characteristics. Further evidence from laboratory experiments suggests that regulation helps restore price accuracy by deterring some manipulation and making remaining manipulation less aggressive. These experiments also show that regulation has an insignificant effect on liquidity because participants in regulated markets still face relatively high uncertainty about the presence of manipulators. This thesis also examines how closing price manipulation is conducted and how other market participants respond. It develops an index of closing price manipulation that can be used to study manipulation in markets or time periods in which prosecution data are not available. It also provides a tool for the detection of manipulation, which can be used by regulators in automated surveillance systems. Finally, this thesis has implications for economic efficiency and policy. Closing price manipulation is significantly more prevalent than the number of prosecution cases suggests. Further, it harms both pricing accuracy and liquidity and therefore undermines economic efficiency. The prevalence of closing price manipulation can be reduced by increasing regulatory budgets, improving the accuracy of market surveillance systems by using the detection tools developed in this thesis, structuring markets such that participants are better able to identify manipulation, and implementing closing mechanisms that are difficult to manipulate. These actions would enhance market integrity and economic efficiency.

Market Manipulation Abstract The thesis is structured in two main topics and four chapters. The aim of the first topic is a proposal of new theoretical division of market manipulation types and the follow-up analysis of the most common and the most serious types of market manipulation (from the author's perspective). A graph or a scheme is enclosed to almost every type of the market manipulation for better illustration and representation. The aim is not to provide an exhausting list, but rather to provide an outline of the fundamental theory. Every existing type of market manipulation should fall under one of these two categories - classic type of market manipulation (front running, squeezing, cornering, wash trading, bear raiding, pump and dump) or modern type of market manipulation (spoofing, layering, momentum ignition, pinging, fake news). The aim of the second topic is to map, analyze and explain the historical background of market manipulation regulation, its genesis and evolution in the European context. The main focus of the subchapter regarding historical background is the United Kingdom which always has been the pioneer of financial markets in the continental Europe. The subchapter is focused on the evolution from the end of the 17th century until the European integration regulation. In another...

The integrity of financial markets is threatened by a number of harmful practices. These are often generally described as ‘market abuse’. Market abuse comprises two practices: insider dealing and market manipulation. This thesis mainly explores market manipulation and the relevant Saudi law. Market manipulation was first regulated in 2003.1 It is therefore possible and useful for the purposes of this thesis, to distinguish between the pre- and post- enactment periods. This study has four main objectives. First, it will define market manipulation and describe its most common forms. Secondly, it will assess the application of Saudi civil and criminal law to market manipulation prior to the enactment of the Capital Market Law 2003. Thirdly, it will critically evaluate the application of this law to the different forms of market manipulation. Finally, it will assess how well the 2003 law is enforced. Different methodologies have been used to achieve these objectives with a focus on critical analysis and comparative study. The author has used the well-established US Securities Exchange Commission (SEC) and the UK Financial Services and Markets Act 2000 to evaluate the Capital Market Law 2003. Prior to the enactment of this law, there were almost no regulations dealing with market manipulation. The 2003 law is applicable to most forms of market manipulation with the exception of security price stabilization and forms manipulation. Penalties under Saudi civil law tend to be more lenient compared to the US and the UK and this may inhibit its deterrent effect. Also, Saudi judges generally tend to lack the necessary understanding of manipulative practices to enforce the law effectively. Therefore, the success of the 2003 law in deterring and punishing manipulative practices should be reassessed in a few years’ time, when there is more data to make an accurate evaluation.

A necessidade de tutela eficiente do Mercado de Capitais é, atualmente, indiscutível. O advento de novas tecnologias e o tráfego internacional de capital cada vez maior; tornam o Mercado de Capitais, contemporaneamente, sujeito a amplos riscos e danos. Nesse contexto, o legislador tem respondido com a incriminação de condutas ofensivas ao mercado, contudo a formulação de tipos penais nem sempre se mostra adequada. Dessa forma, questiona-se qual o bem juridicamente tutelado pelos crimes contra o Mercado de Capitais, referente material necessário à intervenção penal do Estado; bem como quais os critérios adequados para verificação da legitimidade de tal intervenção. A dissertação está dividida em quatro capítulos. No primeiro capítulo tem lugar a análise dos dilemas do direito penal clássico frente aos novos riscos decorrentes da sociedade pós-moderna, com especial destaque à expansão dos Mercados de Capitais em uma sociedade globalizada; bem como os efeitos da chamada Globalização no direito penal e o incremento do direito penal econômico. O segundo capítulo destina-se a uma verificação das bases jurídicas e legais da regulação do Mercado de Capitais fundamentais para uma melhor compreensão de sua tutela penal , nomeadamente quanto ao seu controle no âmbito administrativo. Cumpre, ainda, no segundo capítulo, uma delimitação dos critérios científicos, externos ao bem jurídico, capazes de possibilitar um juízo de legitimidade da tutela penal do Mercado de Capitais. O terceiro capítulo trata do processo de criminalização da tutela dos Mercados de Capitais, passando por uma análise crítica acerca da utilização simbólica do direito penal e de sua internacionalização desprovida de critérios dogmáticos; e se encerra com um panorama acerca do tratamento penal dado aos Mercados de Capitais nos Estados Unidos da América e Europa Continental. Por fim, o capítulo quarto versa acerca da tutela penal do Mercado de Capitais no Brasil. Nesse contexto, partindo-se da Teoria pessoal do bem jurídico desenvolvida por Hassemer, foram identificados os interesses patrimoniais do público investidor como referente material limitador da intervenção penal do Estado. Uma vez identificado o bem jurídico tutelado, é realizada uma análise dos tipos penais relativos às operações do Mercado de Capitais, notadamente, a manipulação de mercado e o uso indevido de informação privilegiada; bem como acerca da utilização de tipos penais excessivamente abertos e crimes de perigo abstrato. Nesse capítulo também é apresentada uma proposta de adequação típica aos crimes de manipulação de mercado e uso indevido de informação privilegiada. Ao final, são expostas as conclusões do trabalho. / The need for efficient protection in the current Capital Market cannot be disregarded. The advent of new technologies and increasing international capital movements have rendered the contemporary Capital Market subject to extensive risks and damages. In this context, legislators have responded by criminalizing offensive conducts to the market, albeit through the establishment of criminal types that are not always adequate. Therefore, this thesis questions which legal good is legally protected by crimes against the Capital Market, in relation to the necessary State criminal intervention, and which are the adequate criteria for the verification of the legitimacy of such intervention. The thesis is divided into four chapters. The first chapter refers to the assessment of the dilemmas in classic criminal law in relation to the new risks arising out of post-modern society, especially regarding the expansion of the Capital Markets in a globalized society, in addition to the effects of the phenomenon referred to as Globalization in criminal law, and in economic criminal law. The second chapter focuses on the verification of the legal and judicial grounds for Capital Market regulation essential for the better understanding of its criminal protection specifically in relation to its control within the administrative scope. Furthermore, this chapter discusses the scientific criteria, external to the legal good, capable of providing for a legitimacy judgment of criminal protection of Capital Markets. The third chapter refers to the criminalization process of protection in Capital Markets, including a critical assessment of the symbolic use of criminal law and its internationalization without any dogmatic criteria. The chapter ends with the panorama on the criminal treatment given to Capital Markets in the United States of America and Continental Europe. Finally, the fourth chapter assesses criminal protection of the Capital Market in Brazil. In this context, beginning with the theory of the legal good developed by Hassemer, the asset interests of the investing public were identified as limiting material reference for the States criminal intervention. Once the protected legal good has been identified, an assessment on the criminal types in relation to the Capital Market is carried out, especially in reference to market manipulation and insider trading, as well as in regard to the use of excessively open criminal types and abstract danger crimes. This chapter also shows a proposal for the adequate typifying of market manipulation crimes and insider trading. Conclusions on the subject are drawn at the end.

A necessidade de tutela eficiente do Mercado de Capitais é, atualmente, indiscutível. O advento de novas tecnologias e o tráfego internacional de capital cada vez maior; tornam o Mercado de Capitais, contemporaneamente, sujeito a amplos riscos e danos. Nesse contexto, o legislador tem respondido com a incriminação de condutas ofensivas ao mercado, contudo a formulação de tipos penais nem sempre se mostra adequada. Dessa forma, questiona-se qual o bem juridicamente tutelado pelos crimes contra o Mercado de Capitais, referente material necessário à intervenção penal do Estado; bem como quais os critérios adequados para verificação da legitimidade de tal intervenção. A dissertação está dividida em quatro capítulos. No primeiro capítulo tem lugar a análise dos dilemas do direito penal clássico frente aos novos riscos decorrentes da sociedade pós-moderna, com especial destaque à expansão dos Mercados de Capitais em uma sociedade globalizada; bem como os efeitos da chamada Globalização no direito penal e o incremento do direito penal econômico. O segundo capítulo destina-se a uma verificação das bases jurídicas e legais da regulação do Mercado de Capitais fundamentais para uma melhor compreensão de sua tutela penal , nomeadamente quanto ao seu controle no âmbito administrativo. Cumpre, ainda, no segundo capítulo, uma delimitação dos critérios científicos, externos ao bem jurídico, capazes de possibilitar um juízo de legitimidade da tutela penal do Mercado de Capitais. O terceiro capítulo trata do processo de criminalização da tutela dos Mercados de Capitais, passando por uma análise crítica acerca da utilização simbólica do direito penal e de sua internacionalização desprovida de critérios dogmáticos; e se encerra com um panorama acerca do tratamento penal dado aos Mercados de Capitais nos Estados Unidos da América e Europa Continental. Por fim, o capítulo quarto versa acerca da tutela penal do Mercado de Capitais no Brasil. Nesse contexto, partindo-se da Teoria pessoal do bem jurídico desenvolvida por Hassemer, foram identificados os interesses patrimoniais do público investidor como referente material limitador da intervenção penal do Estado. Uma vez identificado o bem jurídico tutelado, é realizada uma análise dos tipos penais relativos às operações do Mercado de Capitais, notadamente, a manipulação de mercado e o uso indevido de informação privilegiada; bem como acerca da utilização de tipos penais excessivamente abertos e crimes de perigo abstrato. Nesse capítulo também é apresentada uma proposta de adequação típica aos crimes de manipulação de mercado e uso indevido de informação privilegiada. Ao final, são expostas as conclusões do trabalho. / The need for efficient protection in the current Capital Market cannot be disregarded. The advent of new technologies and increasing international capital movements have rendered the contemporary Capital Market subject to extensive risks and damages. In this context, legislators have responded by criminalizing offensive conducts to the market, albeit through the establishment of criminal types that are not always adequate. Therefore, this thesis questions which legal good is legally protected by crimes against the Capital Market, in relation to the necessary State criminal intervention, and which are the adequate criteria for the verification of the legitimacy of such intervention. The thesis is divided into four chapters. The first chapter refers to the assessment of the dilemmas in classic criminal law in relation to the new risks arising out of post-modern society, especially regarding the expansion of the Capital Markets in a globalized society, in addition to the effects of the phenomenon referred to as Globalization in criminal law, and in economic criminal law. The second chapter focuses on the verification of the legal and judicial grounds for Capital Market regulation essential for the better understanding of its criminal protection specifically in relation to its control within the administrative scope. Furthermore, this chapter discusses the scientific criteria, external to the legal good, capable of providing for a legitimacy judgment of criminal protection of Capital Markets. The third chapter refers to the criminalization process of protection in Capital Markets, including a critical assessment of the symbolic use of criminal law and its internationalization without any dogmatic criteria. The chapter ends with the panorama on the criminal treatment given to Capital Markets in the United States of America and Continental Europe. Finally, the fourth chapter assesses criminal protection of the Capital Market in Brazil. In this context, beginning with the theory of the legal good developed by Hassemer, the asset interests of the investing public were identified as limiting material reference for the States criminal intervention. Once the protected legal good has been identified, an assessment on the criminal types in relation to the Capital Market is carried out, especially in reference to market manipulation and insider trading, as well as in regard to the use of excessively open criminal types and abstract danger crimes. This chapter also shows a proposal for the adequate typifying of market manipulation crimes and insider trading. Conclusions on the subject are drawn at the end.

The issue of capital market protection, especially from manipulation with financial instruments' prices and abuse of inside information, forms the content of this diploma thesis. After the legal introduction of market manipulation in EU directives and regulations, which gives manipulation relevant context, there follows the analysis of particular forms of manipulation, which can be used to influence prices of investment instruments. Then, analysis of impact of investment recommendation to selected stock prices (i.e. NWR, ERSTE and Telefónica O2), which are traded on Czech stock market RM-System, is performed. Final chapter of the thesis handles the analysis of some market manipulation and insider trading cases from the past, together with the discussion of impacts of stricter regulation of financial markets to their efficient functioning.

Människan har sedan forntida Egypten visat på sin girighet genom att manipulera priser på varor. Värdepappersmarknader världen över har också sedan lång tid tillbaka varit påverkade av marknadsmanipulation i olika former. Denna studie har kartlagt marknadsmanipulation på den svenska värdepappersmarknaden mellan 2017-2020, med anledning av införandet av Europaparlamentets nya marknadsmissbruksförordning. Syftet har varit att få en bild av manipulationens omfattning samt hur effektiviteten och förtroendet för marknaden påverkas. Kartläggningen har skett genom en kvantitativ granskning av förelägganden från myndigheter och domar från domstolar. I arbetet konstateras att marknadsmanipulationen är koncentrerad till de mindre handelsplatserna i Sverige och innefattar främst handel med små volymer. Risken att förtroendet och effektiviteten skadas för de drabbade handelsplatserna kan därför bedömas högre än för finansmarknaden i stort. / Since ancient Egypt, man has shown his greed by manipulating goods. Securities markets all over the world has a history of market manipulation in different forms, which has affected the market as a whole and the legislation around it. This study has surveyed the market manipulation on the Swedish securities market in the years between 2017-2020, the cause for this limitation being the implementation of the European Parliament’s new regulation regarding market manipulation. The purpose has been to get a comprehension of the extent of the manipulation and how the efficiency and trust for the market is affected. The survey has been done by a quantitative examination of injunctions from authorities as well as judgements from courts. It is established in the study that the market manipulation is concentrated to the smaller securities exchanges in Sweden and consists foremost of small volume trading. The risk for a damaged trust and efficiency for the smaller markets can therefore be assessed higher than the risk for the general financial market.

This thesis highlights the gap in previous literature and research of activist short selling in the context of the Swedish market. This thesis investigates the impacts of short sell research reports on the Swedish financial markets, aiming to provide a comprehensive understanding of the dynamics, implications, and outcomes related to this phenomenon. The study is conducted through empirical research involving semi-structured interviews, allowing for in-depth exploration and understanding of various perspectives, with investor relations representatives from targeted firms, legal experts, analytics and short sell research firms. From our empirical findings key research questions are addressed.  Firstly, the study examines the market dynamics and industry-specific factors driving increased attention from short sell research firms towards Swedish companies, highlighting factors such as market volatility, valuation challenges, and transparency concerns. Secondly, it explores how the emergence of short sell research reports shapes market dynamics, investor behaviour, and market integrity, noting both positive contributions to market efficiency and challenges regarding the accuracy and validity of the reports. Thirdly, the responses of targeted companies to allegation made in these reports are analysed, emphasizing the importance of a prompt, transparent response to maintain investor confidence. Fourthly, concerns about market manipulation are evaluated, considering the regulatory framework and the need for balance between market freedom and regulatory oversight.  This thesis contributes insights into market dynamics, conflicts of interest in financial analysis, and regulatory mechanisms, offering practical recommendations for stakeholders, including targeted companies, investors, and regulatory authorities. The recommendations from the study focuses on enhancing transparency, communication strategies, and regulatory compliance. Overall, this thesis enriches the understanding of short sell activism and its impact on financial markets, offering valuable insights for practitioners, researchers, and regulators.

Magister Legum - LLM / The regulation of market abuse is currently an ever evolving subject, to such an extent that it has been placed as a high priority for regulators worldwide.¹ The Financial Markets Act 19 of 2012 (FMA) of South Africa² prohibits improper practices and is aimed at ensuring that market participants operate in a market that is free, safe and fair. In light of the above and as per example, all members of the stock exchange ensure that they accordingly adhere to the aims of the FMA by exercising functions such as due diligence and having a shared goal in embedding the values entrenched in the FMA.³ The purpose of this dissertation is aimed at assessing the key elements of the transformation process that the South African financial markets have embarked on, since the introduction of the FMA. More specifically, the paper aims to focus on the elements in relation to market abuse practices.⁴ The paper seeks to: 1. provide an overview analysis of the current market abuse control enforcement framework in relation to some selected aspects of the financial markets in South Africa. 2. look at the regulation employed in one of the biggest trading products namely, equities and current lacuna, the legislation that governs high frequency trading under these trading products and in general. 3. review whether regulation in South Africa on market abuse practices are robust enough to deal with key market abuse practices such as insider trading and market manipulation that manifested during the recent global financial crisis. 4. provide a comparative review of the current market leaders regulatory mechanisms on market abuse.