To: Worswick who wrote (1690 ) 8/22/2010 1:34:36 PM From: axial Respond to of 2794 The Sausage Making Begins. I’m Sure It Will Turn Out Swell. "First, the extensive scale and scope economies associated with clearing make it likely that the clearing industry will be highly oligopolistic, and that strategic considerations will influence decisively the way that the industry develops. Moreover, scope economies across trade execution and clearing (Pirrong, 2010b) will also affect the strategic and efficiency forces that will shape industry structure. Strategic considerations will almost certainly drive a wedge between what is optimal for the individual decision makers, and what is optimal for the economy. This is particularly true inasmuch as there is no market mechanism evident that would induce CCPs to internalize the systemic externalities associated with their failure. Relatedly, governance and organizational form will matter. For instance, for profit and not-for-profit mutual CCPs are likely to act differently. Which choice is preferable? What will determine CCP choices of organizational form? CCPs are effectively cooperatives: how will collective action problems affect their incentives and actions? What regulations are required to address the governance problems that might arise under each form? These are not easy questions to answer, but those answers will have an important effect on how clearing works in practice. Second, industry evolution will inevitably be a highly politicized process. Dodd-Frank gives regulators enormous discretionary authority over the operation of CCPs. Interested parties will influence the regulatory process for their private benefit. Political tradeoffs, rather than efficiency considerations, also threaten to cause serious divergences between the structure that evolves in practice, and the one that would optimize the relevant economic tradeoffs. The effects of politics are particularly pronounced in this context because finance is a truly international industry, and hence jurisdictional issues and competition between jurisdictions will play a decisive role in determining the industry’s ultimate configuration. For instance, governments in major financial centers (e.g., the US, London, the EU, and individual countries in the EU, Japan, Singapore, and Hong Kong) have all expressed a strong interest in domiciling CCPs, for both economic and political reasons. But accommodating these interests would fragment clearing, reducing netting benefits and raising serious concerns about coordination during a crisis. Moreover, regulatory competition between jurisdictions to favor their local CCPs could compromise financial market stability ." streetwiseprofessor.com Jim