SEC bans short selling in financial stocks -- why stop there?

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The Wall Street Journal reports (subscription required) that the SEC will temporarily prevent investors from selling stocks short -- that is, borrowing shares and then selling them in the hopes of buying them back at a lower price later to profit from a decline in value. According to the Journal, "It's unclear whether the halt will be limited to a certain number of financial stocks or how long it would last."

The SEC had previously limited its crackdown of sorts to so-called "naked short selling", the act of selling shares short without securing a borrow. But that's a separate issue. The short selling of stocks is almost universally viewed as a valid tactic that adds to the efficiency of the market, and it's clear why the SEC is now banning it: this isn't about leveling the playing field or making the market more fair or efficient. This about the SEC using its power to manipulate the market upward.

I certainly don't think that that's a valid role for regulators to play but, if it is, why stop with a ban on short selling? Why not just implement on a ban on selling stocks? That's right: sell a stock, go to jail.

Now perceptive readers may have seen the flaw in this proposal: if no one is allowed to sell stocks, how will anyone be able to buy them? Glad you asked: let's just make it so that the only people allowed to sell stocks are insiders! That should make all the crybaby CEOs at cash-burning companies pretty happy, and apparently that's this SEC's primary objective.

UPDATE: The ban on short-selling will only effect financial stocks, per this press release from the SEC website.

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Last updated: February 10, 2010: 03:31 AM

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