NYSE to pay $5M to settle charges on data

Associated Press

WASHINGTON

The New York Stock Exchange is paying $5 million to settle federal civil charges that it gave some customers an unfair head start by providing them with trading data ahead of the wider public.

It marked the first time the Securities and Exchange Commission ever imposed a fine on an exchange.

The NYSE and its parent NYSE Euronext also agreed in the settlement to hire an independent consultant to review their systems for delivering market data. They neither admitted nor denied the SEC’s allegations.

The NYSE provides tailored data on stock quotes and trades directly to certain customers. The SEC said that from 2008 to mid-2010 the exchange violated a rule by distributing the data to those customers before putting it in its global information transmissions.

The SEC said the exchange failed to monitor the speed by which its computers deliver the customized data packages, compared with its global transmissions.

The SEC also censured the exchange. Censure brings the possibility that the NYSE could face a stiffer sanction if the alleged violation is repeated.

NYSE Euronext said the “technology issues” that caused the problems cited by the SEC have been resolved. Changes to the exchange’s computer system were completed in 2010 and 2011, the company said in a statement.