Brokers have a fiduciary duty to achieve best execution for their clients when executing orders. All too often, brokers have hidden behind technology and complexity to get “good enough” execution, rather than best execution. All too often, brokers have routed orders for their own financial interests without disclosing it to their clients, rather than to maximize execution quality for their clients. Payment for order flow and exchange rebates create an intractable conflict of interest, and while disclosure is a step forward, the only solution is to dramatically reform order routing inducements and the brokers’ responsibility of best execution. This can be done by ending inducements, or passing them through to the investor, and by adopting an order-by-order standard for evaluating trade outcomes. Once again, technology has moved ahead of regulation, and it is time to catch up.
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