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Stock Exchanges Hit by SEC Curb on Power to Raise Some Fees
The New York Stock Exchange, Nasdaq and their peers will have to seek public comment and get U.S. Securities and Exchange Commission approval to change how much they charge for widely-used, basic price data under rules adopted Wednesday. The move to finalize a measure proposed in October continues an SEC effort to rein in exchanges’ ability to raise fees by rescinding an exemption the companies had used for years to make adjustments collectively without approval through so-called national market system plans. Under Chairman Jay Clayton, the SEC has frequently clashed with Intercontinental Exchange Inc., which runs NYSE, and Nasdaq Inc. over what they charge for data information that’s become the lifeblood of modern trading. The agency earlier this year directed exchanges to revamp management of public data feeds that include more basic types of trading information.
“This rulemaking will enhance the efficiency and transparency of the process for assessing new NMS plan fees by ensuring that these fees benefit from review and public comment by interested parties, and evaluation by the commission,” Clayton said in a statement.
Wednesday’s move won’t directly impact the exchanges’ ability to charge for their highly-lucrative proprietary data feeds over which the firms won a major court ruling against the SEC in June.
“While the SEC has always reviewed the NMS plan filings, the NYSE is pleased the SEC will expand the transparency and input into the filing process,” the exchange said in e-mailed statement. Nasdaq didn’t immediately comment.
https://www.bloomberg.com/news/articles/2020-08-19/stock-exchanges-dealt-blow-as-sec-curbs-power-to-raise-some-fees