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[ N E W S when [Concannon] comes in here and says, ‘I’m not looking for compromise’, that’s basically the kind of system we have now. They get to set the rules for us, and we basically have to follow them. That’s a tilted system which needs to be addressed. An ecosystem of a for-profit company that can self-regulate itself and police reform that allows it to get flow is a terrible cock- tail that has been created, unfortunately, and it needs to be addressed.” Kinak urged the SEC to consider that purchasing SIP and direct data feeds is a best execution, and therefore regulatory, obligation. He added that if T. Rowe Price’s brokers do not have access to, and are not using the most robust data feeds, they do not get flow from his firm. The way to deal with this, he said, is to lower the costs by encouraging competition. “As far as brokers having a choice as to whether to use the SIP or direct feeds, that doesn’t exist,” Kinak said. “There is no choice there. If a broker is routing using just SIP data they are not routing my flow. They are not eligible to get my flow, it’s not negotiable. Trading is a zero-sum game and if I’m slower than the other person I lose – that’s it. And this is a best execution obliga- tion, we are obligated to try and price best execution with every order that we have.” Concannon made the case that it is not market data and access fees that are increasing, but client demand for capacity, speed and content. When countering calls for exchanges to reveal the true cost of providing such services to the industry, Concannon said that if the SEC wants full transparency, “everybody has to show their economic rent so that we can com- pare them”. Referring on several occasions to the controversial maker-taker debate and the fact that exchanges pay brokers millions of dollars in rebates every year, he highlighted that exchanges were then accused of conducting a coordinated effort to distract from the main issue. An outspoken critic of the alleged monopoly and regulatory advantages exchanges receive, IEX’s Katsuyama co-founded a competing exchange to R E V I E W ] counter that culture, which receives a por- tion of the SIP data fees that are generated. He called on the SEC to examine the fees based on full transparency of revenues and costs to manage the SIP, provide direct data feeds and exchange access, and oper- ate such systems. “Law and regulation gives exchanges a special status. Because of this status and the need for brokers seeking best execution to trade actively on all major exchanges in order to meet obligations to their clients, the exchange families enjoy a regulatory monopoly on the sale of their products,” Katsuyama said. “The market data they sell is not generat- ed so much as regenerated from the trad- ing activity of their own members. Further, because the exchanges also control the so-called public consolidated data feeds, by design they have ensured those feeds are sub-optimal for sophisticated traders, perpetuating their product monopolies and a multi-tier system of market data.” A bold claim, but one that underlines just how deep-rooted the debate of market data cost is. The SEC has a tough decision ahead of it in terms of which side it agrees with. If exchanges are forced to disclose their costs of operation, should sell-side institutions be held to the same standard? Are the fees imposed by the exchanges for market data and access justified? And is there enough competition in the market to prevent a monopoly that exchanges supposedly enjoy? Regardless of its decision, the battle between Wall Street and the regulated exchanges – with the exception of IEX – will likely rage on, with little room for concession on either side. “If a broker is routing using just SIP data, they are not eligible to get my flow… Trading is a zero-sum game and if I’m slower than the other person I lose - that’s it.” MEHMET KINAK, T. ROWE PRICE Issue 58 // TheTradeNews.com // 45