FOR IMMEDIATE RELEASE 97-33 Securities and Exchange Commission Releases Report on Preferencing Washington, DC, April 14, 1997 -- The Securities and Exchange Commission today announced the release of a study on the practice of preferencing in the securities markets. The National Securities Markets Improvement Act of 1996 directed the Commission to conduct the study. "Preferencing" refers to the practice in which a broker-dealer can trade with its customers as dealer by routing customer orders to the firm's affiliated exchange specialist. In particular, the rules of the Cincinnati Stock Exchange allow a firm to preference orders to its affiliated specialist regardless of the quotes of competing specialists on the exchange. In doing this, firms are thereby able to avoid the traditional priorities that govern the handling of orders on an exchange. The Boston Stock Exchange also operates a preferencing-type specialist program. The Commission's study concluded that preferencing is but one method for broker-dealers to internalize order flow (i.e., trade with their customers as principal), a practice that exists on all markets in various forms. Broker-dealers frequently route their retail order flow to their affiliated specialists, whether at preferencing exchanges or non-preferencing exchanges. In addition, a number of firms internalize their customer orders at their market making desks, both for exchange-listed and OTC stocks. Based on an economic analysis of market data, the Commission has found that, to date, preferencing has not had a negative effect on the national market system. It has not diminished market quality for preferencing exchanges, and has furthered the preferencing exchanges' ability to compete for order flow. Furthermore, the Commission has concluded that while preferencing raises concerns, if the appropriate protections are in place and the broker meets its best execution obligations, preferencing should be no more disadvantageous to customers than the dealer activities of the traditional specialist. Nevertheless, broker- dealers participating in preferencing programs need to regularly and rigorously evaluate the quality of executions received by customers whose orders are preferenced. The Commission will continue to review the effects of the practice of preferencing on the national market system to ensure that this practice is consistent with the maintenance of fair and orderly markets, the protection both of investors and the public interest, and the furthering of the national market system goals of Section 11A of the Exchange Act. # # #