This book provides a concise comparison of the regulation and enforcement of the anti-market abuse laws (insider trading and market manipulation) in South Africa, the USA and the UK. Bringing together a number of previously published articles, the book contributes a novel discussion of the challenges and pitfalls associated with the enforcement of market abuse laws in both developing countries such as South Africa and developed ones such the USA and the UK. This is primarily done to examine and expose the current strengths and weaknesses of market abuse laws in relation to certain aspects of the corporate, securities and financial markets environments in South Africa, the USA and the UK. Accordingly, chapters two to five of the book unpack the regulation and enforcement of market abuse laws in South Africa and the USA in a comparative perspective. Thereafter, chapters six to eight of the book discuss the regulation and enforcement of market abuse laws (Financial Markets Act 19 of 2012) and other related statutes in South Africa and the UK. The book proposes some measures that could be utilised to enhance the enforcement of anti-market laws in South Africa, USA and the UK. New market abuse-related challenges that occurred during the global financial crisis are also briefly discussed. The book further provides a relatively adequate overview of the comparative analysis of the regulation of market abuse regulation in South Africa versus two key developed and respected jurisdictions, namely, the USA and the UK. Accordingly, it is hoped that the book can aid regulatory authorities, financial market participants, academics, students and other interested readers to understand market abuse offences and possible measures that could be employed to combat such offences.
About the Author
Table of Contents
Chapter 1 Introduction and Background
Chapter 2 Aspects of the State Prohibition on Market Abuse in the United States of America and South Africa
Chapter 3 The Federal Regulation of Market Abuse in the United States of America: Lessons for South Africa?
Chapter 4 The Enforcement of the Market Abuse Prohibition in the United States of America and South Africa
Chapter 5 The Establishment of Anti-Market Abuse Preventative Measures in the United States of America and South Africa
Chapter 6 The Combating of Market Abuse in the United Kingdom: A Historical Comparative Analysis
Chapter 7 Selected Aspects of the Implementation of Market Abuse Laws in the United Kingdom: Lessons for South Africa
Chapter 8 Selected Anti-Market Abuse Preventative Measures in the United Kingdom and South Africa
Chapter 9 Conclusion and Recommendations