Jackass Investing “Poor-folio” Award to Spanish and Italian Market Regulators for Short-Selling Ban

As European stock markets continue to exhibit weakness, Spain’s stock market regulators today banned the short-selling of stocks for the next three months.  Earlier in the day, Italy’s stock market regulators re-instituted a temporary ban on the short selling of financial stocks.

“Selling short” is the process of selling a stock first (by borrowing the stock from a broker) and then buying the stock back at a later date (and returning the stock to the broker) with the expectation of profiting from a decline in the stock’s price.   “Going long” is simply the process of buying a stock with the expectation of profiting from a rise in the stock’s price.

This type of short selling ban by governments is nothing new.  Government regulators in many different countries have often reacted to adverse stock market conditions with similar directives.

This type of action is usually taken by regulators during times of severe market declines with high volatility.  Government regulators think that extreme volatility is a disruption to the orderly functioning of the market, so they often decide to “do something” in order to appease their constituents.

However, it is unrealistic to expect the stock market to only go up, so the prohibition of short-selling during market declines is fundamentally irrational.  Conventional investment wisdom assumes that asset classes are long-only investment vehicles, so it has become accepted that being long is “good” while being short is “bad”.  This is ridiculous.

During extreme market moves to the upside (such as the rally in the US stock market following the March 2009 low, for example), should governments institute long-buying bans to curb extreme market volatility?  Of course not!  You will only see governments act to try to prevent stock market declines, not rallies.

As with most government actions, short-selling bans fail to produce the desired outcome, and oftentimes exacerbate the situation that regulators are attempting to “fix”.  Short-selling bans often have unintended consequences.  As I discuss in Myth #10 of Jackass Investing, short sellers provide the stock market with liquidity when they step in to sell short stocks that become over-hyped by emotional buyers.  In addition, short sellers must buy back stock in order to close their positions, so by instituting short-selling bans, governments essentially remove a source of liquidity during times when the markets need it the most.

Don’t just take my word for it.  Numerous academic studies have also shown the ineffectiveness and potential damage due to short selling bans and have confirmed the positive contribution of short sellers to market efficiency.  In fact, contrary to the intent of governments when instituting such bans, studies have shown that banning short selling reduces liquidity and increases volatility.

“Market Declines:  Is Banning Short Selling the Solution?” by Federal Reserve Bank of New York, September 2011

“Shackling Short Sellers:  The 2008 Shorting Ban” by Boehmer, Jones, and Zhang, September 2009

“Spillover Effects of Counter-cyclical Market Regulation:  Evidence from the 2008 Ban on Short Sales” by Abraham Lioui, March 2010

The belief that short selling destabilizes markets is a myth.

As a result of their ineffectiveness and misguided beliefs, I am awarding a Jackass Investing “Poor-Folio” Award to .  .  . the Spanish and Italian market regulators responsible for instituting short-selling bans.

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New Jackass Investing “Poor-folio Award”

A Jackass Investing “Poor-folio Award” goes to…

European Securities and Markets Authority

Last Thursday, August 11th, four European countries banned or restricted short-selling in stocks. The bans were imposed in reaction to the sizable stock market losses recently suffered across global markets. This is a political move, not a logical financial one, and history shows it will be counter-productive.

In my book Jackass Investing: Don’t do it. Profit from it., I discuss the attempts that have been made by governments over the centuries to manipulate markets by banning the short-selling of stocks. They do not work. The most recent widespread ban of short-selling – that imposed during the financial crisis in 2008 – resulted in losses in the banned stocks that exceeded the losses on stocks for which short-selling remained permissible. The chapter in which this is covered, “Myth #10: Short Selling is Destabilizing and Risky,” can be read here in its entirety: Myth #10.

The reason short-selling bans are counter-productive is simple: free markets hate inconsistency. Knee-jerk rule changes wreak havoc on investor confidence. What greater statement is there to show a lack of confidence in the markets than to restrict people from selling stocks! Kenneth S. Rogoff, a professor of economics at Harvard states the issue clearly, “The short-sale ban really smacks of desperation.”

Because of their panic in the face of adversity, their lack of confidence in free markets and their signal of desperation to financial market participants, I’m awarding this Jackass Investing “Poor-folio Award” to the “European Securities and Markets Association.” Congratulations!

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The Jackass Investing Poor-folio Awards are given out to those who sink below the crowd by taking actions that contribute to the creation of “Poor-folios.” For more information about Jackass Investing and how to avoid a Poor-folio and create “Free Lunch” portfolios that earn greater returns with less risk, go to www.JackassInvesting.com.

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