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Jiro E. Kondo
PhD Candidate in Financial Economics
*** Job Market Candidate ***
MIT Sloan School of Management
50 Memorial Drive, E52-416
Cambridge, MA 02139
Phone: (617) 324-6709
Fax: (617) 258-6855
jekondo[at]mit[dot]edu
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JOB MARKET PAPER:
Self-Regulation
and Enforcement: Evidence from Investor-Broker Disputes at NASD
      This paper investigates whether
self-regulation in financial markets leads to greater industry bias and expertise
in enforcement. Using hand-collected data on securities arbitration disputes from
the National Association of Securities Dealers (NASD), I document that
pro-industry arbitrators are selected more often to arbitration
panels than pro-investor ones (selection on bias) and that experts
are also selected more frequently to cases (selection on expertise).
Moreover, both patterns vary substantially across cases. Selection
on bias is strongest when large brokerage firms are sued and when
cases are more important to firms while selection on expertise
increases with case complexity. This suggests that arbitrators are
assigned to cases in ways that lead to higher industry bias and
expertise. To assess whether the NASD is responsible for these
patterns, I examine the impact of a change in regulation that
greatly reduced NASD control over the selection of arbitrators.
Following this change, the allocation of expertise to cases declined
and there is some evidence that selection on bias increased. These
results suggest that the NASD is not responsible for selection on
bias but that it increases selection on expertise. Thus, concerns
about favoritism at the NASD may be misplaced and, more generally,
self-regulation may increase expertise and even lower industry bias
in enforcement.
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