Opportunistic Actions on Credit Default Swaps Threaten Market Efficiency and Integrity
Credit Default Swaps (CDS) are financial products that transfer credit risk from one party to another. Recent cases show instances where one party manipulates credit events with struggling companies, affecting the accuracy of credit risk assessment and market efficiency. Standard CDS contracts allow parties to pursue self-interest regardless of credit event impact, raising the need for closer regulation. Actions like providing loans to delay defaults or acquiring a company's debt for profit go against fair dealing principles and may be regulated under existing laws. The International Swaps and Derivatives Association revised standard definitions to address non-payment issues, highlighting the challenge of limiting opportunistic behaviors using contracts alone. Effective restriction of malicious interventions in CDS ultimately requires intervention from courts and financial regulators.