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[ M A R K E T R E V I E W and costly for reporting entities and whether public disclosure of net short positions in shares are effective. It also posed the question of whether the thresholds for dis- closure—both public and private— should be changed. News to follow The noises seem encouraging. Yet whether ESMA will deliver what the industry wants is another matter. Certainly Robinson does not believe that there will be any change in the disclosure thresh- olds. “We don’t support the 0.5% public disclosure threshold, though recognise that politically it will probably be hard to change,” says Robinson. “Our primary target is to make the regime more efficient, 74 TheTrade Autumn 2017 | S H O R T S E L L I N G ] thus assisting the majority of firms that use short selling for dynamic risk management and hedging purposes as well as those that take fundamental directional positions.” As for the loophole—ESMA says it has no intention of looking at short selling using special purpose offshore structures. The regulator has had its hand strengthened by the continued In June, Tom Farley, head of the New York Stock Exchange, said that short sellers should be forced to reveal more of their activities and called the practise of short selling “icky and un-American.” The consultation closed in Sep- tember and the regulatory body will deliver its final advice to the EC by the end of the year. But, de- spite the market’s noises it seems “If you have to disclose a short position you might find it harder to get boardroom access,” CYRUS POCHA, SENIOR ASSOCIATE, FRESHFIELDS critical voices around the world. Despite the already stringent rules, participants around the globe have been asking for further tightening. there will continue to be strictures post-review which are unlikely to lead to the kind of progress that short sellers are hoping for.