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Norman Barry (1996) Insider Dealing An exploration into existing law and practice


 

The author provides a wide-ranging discussion drawing upon law, ethics and economics applied to the subject matter. Barry raises a number of questions:

  • What is insider dealing?
  • How does it relate to capital markets?
  • How is it regulated?
  • What ethical issues are involved?
  • Can it be justified?
  • What benefits and harm results and for whom?

Despite its apparently simple definition - taking an unfair advantage by trading on sensitive information by company employees or others closely connected to a firm that has not been disclosed to others- Barry explores the ethical and philosophical issues involved. The notion of 'just earnings' is unravelled through the application of fair rules.

However, Barry presents first the argument for those whose position is that insider dealing should not be criminalised or even made a civil offence but that it is actually beneficial to the smooth running of capital markets. Unhampered markets, in this case financial ones, are more efficient than regulated markets. Fewer restrictions means the more efficient the market flow of information. Barry links the argument to entrepreneurship which is about spotting gaps in the market. Entrepenurship within the firm (intrapreneurship) is about securing some reward. 'Can a distinction be drawn between stealing the office furniture and the appropriation of knowledge which a person may have been instrumental in creating?' (p 24). Given the current interest in knowledge management this is a particularly pertinent question.

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