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Legal Protection against Financial Market Abuse: International and Local Perspectives

Edited by: Anna achnio-Parzych, BłLuigi Cornacchia

ISBN13: 9781032898612
To be Published: April 2026
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £175.00





This book examines current challenges in the field of criminal protection against market abuse at the international and local levels.

Divided into two parts, the first opens with an examination of general issues including the philosophical foundations of market abuse prohibitions, and the challenges arising from technological developments in this area. Closing the first part of the book, the authors outline new perspectives on the protection of market integrity in the context of sustainable finance and the crime of market manipulation. Part II examines market protection against abuse in 14 countries. As well as providing a comparative perspective, this section draws out broader implications, such as: the search for an alternative law enforcement strategy; the importance of compliance programs in preventing market manipulation; the right to remain silent in proceedings before the supervisory authority; problems arising from the interplay of criminal sanctions and administrative sanctions of a criminal nature; and the importance of how information is obtained for the application of the insider trading prohibition in some jurisdictions.

Written by academics and practitioners, the book will be a valuable resource for academics, researchers and policy-makers working in the areas of financial and economic crime and comparative law.

Subjects:
Banking and Finance
Contents:
Introduction
Anna Błachnio-Parzych and Luigi Cornacchia

I. International perspective
1. Fundamentals of Market Abuse: Just Distribution, Fair Information, Public Trust
Luigi Cornacchia
2. Insider Trading: Not Playing by the Rules of the Game in Capital Market – a Criminal Offense?
Carsten Momsen
3. Interests Protected by the Prohibition of Insider Dealing in European Union Law
Sergio Seminara
4. The Suppression of AI-based Market Disruption between the United States and Europe
Federico Consulich
5. Faster and better traders or new kinds of market manipulation?
An evaluation of the selected strategies of high-frequency traders
Anna Błachnio-Parzych
6. Navigating Market Abuse in the Age of AI: Reimagining Criminal Responsibility in Algorithmic Trading
Luigi Scollo
7. Rational and Irrational Investor: Cyborg Finance, Biases, and Black Swans
Maria Beatrice Magro
8. Recent Challenges for EU Market Abuse Laws: The Case of Greenwashing
Ester Herlin-Karnell

II. Local perspectives

Belgium
9. Belgian Market Abuse legal framework: navigating legal complexities and dual enforcement dynamics at the intersection of criminal and administrative law
Vanessa Franssen and Mathilde Vandormael

Canada

10. Protecting Investors: Market Manipulation in Canada
Poonam Puri

Chile
11. Market Abuse Crimes in Chile. The 2023 reform
Héctor Hernández Basualto and Fernando Londoño Martínez
12. Criminal Compliance: New Challenges to Prevent Market Abuse in Chile
Rodrigo Andrés Guerra Espinosa

China and Japan
13. Offences of Market Manipulation under Criminal and Administrative Sanctions in Japan and China
Kanako Takayama and Jiang Xin

Finland
14. Punitive Sanctions for Market Abuses: The Finnish Experience
Raimo Lahti and Miikka Rainiala

Germany
15. Market Abuse in German Criminal Law
Kilian Wegner

Italy
16. The Protection of CONSOB’s Supervisory Activity and the Right to Silence
Dalila Federici and Marina Poggi d’Angelo
Japan and the United States
17. Modes of Information Acquisition Subject to Insider Trading Regulations in Japan and the United States
Motoko Hirayama

Peru
18. The Crime of Agreements Restricting Free Competition in Peruvian Criminal Legislation: Is the Criminal Prohibition Still Only Symbolic?
Percy García Cavero
Poland and Ukraine
19. Criminal Law Protection Against Market Manipulation in Ukraine in the Context of the Implementation of EU Law: Comparative Analysis of Ukrainian and Polish Law
Oleksandr Koshovyi

Spain
20. The Criminal Protection of Insider Information in Spain
Diego Gomez Iniesta

The United Kingdom
21. The regulation of Market Abuse – is it time for an alternative approach?
Marina Aristodemou and Nic Ryder

The United States of America
22. Market Abuse Prosecutions in the USA: Definitional and Territorial Issues
Frederick T. Davis
23. The U.S. criminal law of insider trading and market manipulation: A complicated hybrid of legislative, administrative, judicial, and prosecutorial decision-making
Joseph Hoffmann
24. Legal Protection against Financial Market Abuse: International and Local Perspectives – Synthesis
Anna Błachnio-Parzych and Luigi Cornacchia

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