Chapter 12 – Some Lessons from Capital Market History
D. The Forms of Market Efficiency
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.
Semistrong form efficiency – All public information is already
incorporated in the price. It says that you cannot consistently earn
excess returns using available information to do fundamental
analysis. Evidence is mixed, but suggests that it holds for widely
held firms.
Weak form efficiency – All market information, including prices
and volume, is included in the price. It says that you cannot
consistently earn excess returns by looking for patterns in past
price and volume information, such as is done by technical
analysts. Evidence suggests that markets are weak form efficient
based on the trading rules that we have been able to test.
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.
12-11