Short Selling Bans are a Mistake | Brookings (2024)

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On Thursday four European countries – France, Italy, Spain and Belgium – announced temporary bans on short selling of specified financial stocks. These bans are mistakes, as shown by the U.S. experience in 2008; they do not prevent declines in financial stocks, but do impose significant costs on capital markets.

Short selling is basically a bet that a stock’s price will fall over time. The short seller borrows shares of a company to sell at time #1, and returns them at time #2 when they buy those same shares in the open market – hoping that the stock’s price will fall between time #1 and time #2.

Trying to prevent stock prices from falling, the U.S. banned short selling of financial stocks in September 2008. However, the prices of these stocks continued to fall, and the ban was lifted before it was due to end.

During its short life, the ban precluded institutional investors from engaging in legitimate hedging activities in financial stocks. For example, a long-time holder of a high-dividend stock could not short it to protect against price declines while continuing to receive its dividends.

At the same time, the ban reduced the liquidity of financial stocks subject to the ban. The spreads between bids and offers as well as the volatility of these stocks increased dramatically during the ban.

Moreover, the European ban on short selling is worse because it is inconsistent. Most countries in Europe did not participate in the ban, and the four participating countries applied different definitions of financial stocks.

Of course, short selling might cause an artificial drop in a stock’s price. On the other hand, short sellers are sometimes right that a stock’s price is overvalued or based on incorrect financial information provided by the company.

During the U.S. financial crisis, many chief executives complained that their stocks were forced down by short sellers. Yet my analysis of financial stocks during this period comes to a mixed conclusion – short sellers were significant factors in the fall of certain financial institutions, but others were brought down primarily by their own fundamental weaknesses.

To reach an appropriate balance, Germany has the right idea – ban “naked” shorting across the whole of the European Union. Naked shorting means selling shares before actually borrowing them. This encourages speculation and leads to trading falls.

And to be effective, the ban against naked shorting should apply in all European countries. In specific, the ban should be implemented through an EU directive requiring all member countries to adopt similar regulations on naked shorting.

Although each financial crisis has some unique characteristics, there are a few lessons to be learnt from prior crises. Let us not make the same mistake by banning short selling of certain stocks in certain countries for limited time periods.

Short Selling Bans are a Mistake | Brookings (2024)

FAQs

Short Selling Bans are a Mistake | Brookings? ›

These bans are mistakes, as shown by the U.S. experience in 2008; they do not prevent declines in financial stocks, but do impose significant costs on capital markets. Short selling is basically a bet that a stock's price will fall over time.

Why is banning short selling bad? ›

Bans on short selling have often been found to lead to a decrease in market liquidity, as they limit the ability of investors to express through short sales, their negative views of a stock.

What is wrong with short selling? ›

Losses for short-sellers can be particularly heavy during a short-squeeze, which is when a heavily shorted stock unexpectedly rises in value, triggering a cascade of further price increases as more and more short-sellers are forced to buy the stock to close out their positions.

Why is short selling not illegal? ›

Short selling is legal because investors and regulators say it plays an important role in market efficiency and liquidity. By permitting short selling, a strategy that speculates that a security will go down in price, regulators are, in effect, allowing investors to bet against what they see as overvalued stocks.

Why is short selling frowned upon? ›

A fundamental problem with short selling is the potential for unlimited losses. When you buy a stock (go long), you can never lose more than your invested capital. Thus, your potential gain, in theory, has no limit. For example, if you purchase a stock at $50, the most you can lose is $50.

Is short selling immoral? ›

To sell short, the security must first be borrowed on margin and then sold in the market, to be bought back at a later date. While some critics have argued that selling short is unethical because it is a bet against growth, most economists now recognize it as an important piece of a liquid and efficient market.

Does short selling hurt the stock market? ›

It is widely agreed that excessive short sale activity can cause sudden price declines, which can undermine investor confidence, depress the market value of a company's shares and make it more difficult for that company to raise capital, expand and create jobs.

Why do investors hate short sellers? ›

Unlike normal investors, who make profits when the stock price goes up, short sellers make money when the stock price goes down. While short selling can generate large profits, their risk of loss is theoretically unlimited, which can occur when the stock price rises unpredictably.

Is short selling just gambling? ›

To summarize, short selling is the act of betting against a stock by selling borrowed shares and then repurchasing them at a lower cost and returning them later. It's a relatively sophisticated (and risky) trading maneuver that requires a margin account and a keen understanding of the stock market.

Are short sellers manipulating the market? ›

Short selling generally involves the sale of a stock that the seller does not own (and instead borrows and must return at a later date) with an intent to profit if the stock declines in value. The practice has generated policy attention because of its risks and potential association with market manipulation.

Who invented short selling? ›

The practice of short selling was likely invented in 1609 by Dutch businessman Isaac Le Maire, a sizeable shareholder of the Dutch East India Company (Vereenigde Oostindische Compagnie or VOC in Dutch).

Why is short selling controversial? ›

Why is short selling controversial? Short sellers play an important role in price discovery by deflating bouts of euphoria and identifying flaws that analysts, auditors and investors have overlooked by doing their own meticulous research. Reports from the most professional shops are widely followed on Wall Street.

What happens if you short a stock and it goes to zero? ›

If the shares you shorted become worthless, you don't need to buy them back and will have made a 100% profit. Congratulations!

How do shorts manipulate a stock? ›

By spreading false negative information after establishing the short position, a manipulator can further depress a stock's price and increase her profit. Reducing the price further gives the manipulator greater opportunity to cover her short position without driving the price up so much that it eliminates her profit.

What are the negative effects of a short sale? ›

In the end, short sales are almost always damaging to your credit, but they do less harm than foreclosures or bankruptcies. A short sale might block you from a mortgage on a new home for two years or so, but a foreclosure or bankruptcy could keep you out of the market for as long as seven to 10 years.

Is short selling bad for the economy? ›

Because in a short sale, shares are sold on margin, relatively small rises in the price can lead to even more significant losses. The holder must buy back their shares at current market prices to close the position and avoid further losses.

Why did Korea ban short selling? ›

The ban on short selling of shares runs through the first half of this year since authorities imposed it suddenly last November after finding illegal trades by several foreign investment banks. Financial authorities have since said the ban will stay until adequate prevention measures are adopted.

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