An Analysis of the Establishment and Enforcement of Anti-Market Abuse Preventative Measures in the United Kingdom

Abstract

The United Kingdom has to date successfully developed and/or adopted various measures aimed at discouraging market abuse practices in its financial markets. Consequently, the preventative measures employed in the United Kingdom will be investigated and, where necessary, contrasted with similar anti-market abuse measures in South Africa. Accordingly, only relevant United Kingdom market abuse provisions and cases will be discussed and contrasted with similar provisions and cases in South Africa for the purposes of identifying market abuse preventative methods that could possibly be incorporated in the South African anti-market abuse enforcement framework. Given this background, the co-operation between the Financial Services Authority, the Treasury, the Department of Trade and Industry and the courts will be examined first. Secondly, the co-operation between the Financial Services Authority and the local self-regulatory organisations will be discussed. Thirdly, the co-operation between the Financial Services Authority and similar international regulatory bodies will be scrutinised. Fourthly, other preventative measures that were adopted in the United Kingdom will be analysed. Lastly, possible recommendations and conclusions will be given.

DOI: 10.5901/mjss.2014.v5n20p529