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UPDATE REGUALTION European Commission shuts down systematic internaliser loophole Potential loophole within the systematic internaliser regime under MiFID II has been source of controversy for months. A fter months of controversy surrounding the sys- tematic internaliser (SI) regime under MiFID II, the European Commission has made its move to shut down a potential loophole. An amendment to the rules means banks operating as SIs will not be able to recreate broker-crossing net- works through matching client orders as an exchange operator would. “An investment firm shall not be considered to be dealing on own account… where that investment firm participates in matching arrangements entered into with entities outside its own group,” the amendment said. “With the objective or consequence of carrying out de facto riskless back-to-back transactions in a finan- cial instrument outside a trading venue.” Banks were first warned against networking SIs at an event hosted by The TRADE earlier this year. Kay Swinburne MEP told delegates market players were “seeking ways around the rules, seemingly using grey areas to avoid giving investors the best price”. “Politicians do not see this as a loophole, but the fi- nancial industry seeking a new way to line its pockets at the expense of investors,” she added. Following several exchanges between the European Commission and the European Securities and Markets Authority, the amendment published published in August has finally ended the possibility for banks to network. Several major institutions - including JP Morgan and Morgan Stanley - have signed up to operate as SIs 6 TheTrade Autumn 2017 ahead of the January 2018 MiFID II deadline, with the number expected to increase significantly. A surge in the number of SIs could exacerbate mar- ket fragmentation, with expert predictions estimating up to 100 SIs could be in operation by January. “We believe clients will find it difficult to interact with [all SIs] without sophisticated aggregation tech- nologies,” Rob Boardman, CEO of ITG Europe told The TRADE.