Strong form efficiency – All information, both public and private is
already incorporated in the price. Empirical evidence indicates that
this form of efficiency does NOT hold.
Slide 14.13 Stong Form Market Efficiency
Slide 14.14 Information Sets
Ethics Note: Insider trading is illegal, but the determination of what
constitutes insider trading is difficult. Rule 10B-5 of the Securities
Exchange Act of 1934 states: “It shall be unlawful for any person,
directly or indirectly, by use of any means or instrumentality of
interstate commerce, or of the mails, or of any facility on a
national securities exchange, (1) to employ any device, scheme, or
artifice to defraud, (2) to make any untrue statement of a material
fact or omit to state a material fact necessary in order to make the
statements made, in light of the circumstances under which they
were made, not misleading, (3) to engage in any act, practice, or
course of business which operates or would operate as a fraud or
deceit upon any person, in connection with the purchase or sale of
any security.”
Additionally, several court cases have sought to more clearly define insider
trading. For insider trading to exist, there must be a fiduciary
relationship between the parties. Actions of the inside trader do
not have to meet the legal requirements of fraud; they merely have
to have the appearance of acting as a fraud or deceit. Accidental
discovery does not constitute a fiduciary relationship.
The court decided in Chiarella v. United States that an employee of a
printing firm, who was requested to proofread proxies that
contained unannounced tender offers (and unnamed targets) was
not guilty of insider trading because the employee determined the
identity of the target through his own expertise.
Despite the passage of increasingly severe penalties for insider trading
(see the Insider Trading Sanctions Act of 1984 and the Insider
Trading and Securities Fraud Enforcement Act of 1988), the
evidence suggests that the practice persists in one form or another.
Evidence of this can be found in the high profile trial of Martha
Stewart. The gist of the case was that Martha’s friend and CEO of
Imclone told her that an important drug had not received approval
prior to the public announcement. Martha proceeded to sell her
stock in Imclone. Martha was not convicted of insider trading,
however. She was convicted of obstructing justice and received a
relatively light sentence of 5 months in prison, 5 months of house
arrest, and 2 years of probation.
.C Some Common Misconceptions about the Efficient Market
Hypothesis