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  ECNs: A Brief History

Ironically, when ECNs were developed the systems were not a friend of the individual investor.

Initially, ECNs were not integrated into the national market system, serving primarily as closed trading systems available only to institutions broker-dealers. As a result, posted prices on the ECNs were better those prices posted on Nasdaq, fragmenting the market and making disseminated to the public less reliable. Ultimately, this had its most severe impact on the individual investor. Spreads, difference between the bid and ask price, were artificially wide the public markets. The result for individual investors was inferior prices.

In response to the disparities in the market, the SEC adopted the Order Handling Rules in January 1997 - requiring market makers and to reflect in their quote the price of any orders they in an ECN if the price was better than what they were displaying the public.
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  Investors won this round as the Order Handling Rules caused spreads to narrow dramatically. However, loopholes are quite common in the securities markets, and the Order Handling Rules did not stipulate that all market participants had to display their ECN orders to the public. Soon enough, many institutional orders and non-market maker orders were not available to the public, impairing price transparency.

The SEC acted to eliminate the loopholes by adopting Regulation ATS, allowing alternative trading systems to either define themselves as a market participant and register as a broker-dealer or as a separate market and register as an exchange. To date, Island, and NexTrade have registered to become exchanges, and Archipelago has achieved exchange status through the creation of Archipelago Exchange, the result of an alliance between Archipelago and the Pacific Exchange. The other ECNs are registered as broker-dealers

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