ESMA Guidance Creates Questions For EU Exchanges

By Thomas Donegan (December 13, 2017, 12:44 PM EST) -- The issue of "third country access" became highly politicized during the final throes of the Markets in Financial Instruments Directive 2's legislative passage. Earlier this year, the U.K. introduced a statutory instrument reflecting the agreed outcome at EU level — that non-EU firms can have access to EU wholesale markets on the basis of national exemptions, without local regulation. The European Securities and Markets Authority (ESMA) has now doubted this approach, publishing a dubious interpretation that would require exchange members of EU exchanges to be locally regulated if they provide clients with access to such exchanges. This puts the EU supervisory authority in conflict with the U.K.'s regulators and Parliament and creates potential issues in other countries, such as Germany, which have also sought to interpret the EU rules differently....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!