Don't Lose This Opportunity To Ban Naked CDS

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By: Richard Portes

In a credit default swap (CDS), the buyer contracts to pay the seller a regular premium in return for a commitment that the seller will pay out in the event of a default on a specified financial instrument, typically a bond. The market began in the late 1990s as a pure insurance market that permitted bondholders to hedge their credit exposure "“ an excellent innovation.

 

But then market participants realised that they could buy and sell "?protection' even if the buyer did not hold the underlying bond. This is a "?naked' CDS, which offers a way to speculate on the financial health of an issuing corporate or sovereign without risking capital, as short-selling would do. That was so attractive that soon the market was dominated by naked CDS, with a volume an order of magnitude greater than the stock of underlying bonds.

 

A good side effect of Greece's troubles is that politicians, regulators and central bankers are finally paying serious attention to this market. For two years, I have been pointing out the destabilising effects of naked CDS in the financial crisis and the dangers in the use of these instruments as a speculative device. Only now is this taken seriously.

 

Much of the media reaction, however, simply puts the line of the big banks that profit greatly from this market. It deploys clichéd rhetoric and misinterprets data, with little regard to research or to the views of informed market participants and analysts who are not on the payroll.

 

Critics of naked CDS want to "?shoot the messenger' "“ why not, if he isn't telling the truth but spreading false rumours? We are "?blaming the referee', "?blaming a thermometer for the temperature', we want to ignore the "?canary in the coal mine'. "?Banning naked CDS won't stop bond prices from falling' "“ indeed, but what do they contribute to price discovery? As for the politicians, they are just scapegoating, trying to deflect attention from their own failings.

 

Let's look at naked CDS seriously, ignoring Greece. We start with the justifications.

 

Like almost all the financial innovations in recent years, naked CDS are said to be a beneficial move towards more complete markets. And speculation, we are told, is essential to the proper functioning of markets. This is simply market fundamentalism that ignores masses of research on destabilising speculation as well as a key lesson of the financial crisis, that some innovations have been dysfunctional and dangerous.

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