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An increasing stock price will increase the number of buyers in the market, sustaining or increasing the price further. He believes the “fairness” issue is misplaced as a reason to regulate the practice. Insider trading not only means selling a stock, but also not selling it at a given time. Those not selling are not prosecuted even though they may be using the same information as sellers. Manne claims since the SEC didn’t outlaw the practice until the 1960’s, insider trading was not considered a threat to the markets, and regulation reduces incentive to produce new information.
Stephen Bainbridge, in his Regulate Insider Trading essay in Capitalism Magazine believes property rights to information is more efficiently placed in the corporation than in the individual...
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