Thursday, September 25th, 2008
The uptick rule made sense when it was instituted back in 1938 and 70 years later it still makes sense. Simply stated, the rule required that a short sale be executed only if the latest transaction in the stock was at a price higher than the previous trade, i.e. had been an uptick. The various arguments made for its elimination do not hold water relative to the rationale for its existence – as a check and balance against ‘bear raids’ on stocks. Its elimination was a mistake and the recent rampant and destructive bear raids on more than a handful of financial stocks is evidence of that mistake.