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An Ethical Analysis of Regulating Insider Trading

Author

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  • P. J. Engelen
  • L. Liedekerke

Abstract

Although there seems to be a broad consensus to prohibit insider trading among supervising authorities and market professionals, the debate on insider trading has not settled definitively. We introduce a distinction between insider trading and market manipulation on the one hand and corporate insiders versus misappropriators on the other hand. This gives rise to four types of alleged wrong transactions. Using a utilitarian and a non-utilitarian fairness approach, we demonstrate that it is hard to find good arguments against insider trading in its purest form (type I transactions). Using a property rights perspective in particular, we show that neither a general ban nor a general permitting of insider trading is an efficient outcome. We propose a solution in which companies solve this compensation problem contractually with their corporate agents. In this way,insider trading can be used as a governance instrument which can reinforce the fiduciary relationship.

Suggested Citation

  • P. J. Engelen & L. Liedekerke, 2006. "An Ethical Analysis of Regulating Insider Trading," Working Papers 06-05, Utrecht School of Economics.
    • Handle: RePEc:use:tkiwps:0605
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    References listed on IDEAS

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    1. Noe, Thomas H, 1997. "Insider Trading and the Problem of Corporate Agency," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 13(2), pages 287-318, October.
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    6. Guochang Zhang, 2001. "Regulated Managerial Insider Trading as a Mechanism to Facilitate Shareholder Control," Journal of Business Finance & Accounting, Wiley Blackwell, vol. 28(1‐2), pages 35-62, January.
    7. Grossman, Sanford J, 1986. "An Analysis of the Role of "Insider Trading" on Futures Markets," The Journal of Business, University of Chicago Press, vol. 59(2), pages 129-146, April.
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    9. Sugato Chakravarty & John J. McConnell, 1997. "An Analysis of Prices, Bid/Ask Spreads, and Bid and Ask Depths Surrounding Ivan Boesky's Illegal Trading in Carnation's Stock," Financial Management, Financial Management Association, vol. 26(2), Summer.
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    Cited by:

    1. Robert McGee, 2008. "Applying Ethics to Insider Trading," Journal of Business Ethics, Springer, vol. 77(2), pages 205-217, January.

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    Keywords

    insider trading; market manipulation; fairness; property rights;
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