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Hedge funds and Private Equity - PES

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no correlation with market indexes, it goes without saying that they are suitable for portfolio diversification<br />

with few risks when they anticipate the narrowing of spreads. However as LTCM<br />

revealed, high returns on those strategies imply a large leverage <strong>and</strong> both legs of the investment<br />

are losing if spreads widen in disorderly market conditions. Even seemingly careful strategies<br />

might put HFs in jeopardy if they indulge in high leverage.<br />

But arbitrage strategies have always made a modest proportion of HF investments <strong>and</strong> this<br />

proportion is shrinking for both structural <strong>and</strong> cyclical reasons. Directional bets are dominant<br />

<strong>and</strong> deliver mediocre results in adverse macroeconomic conditions. Nonetheless hedge <strong>funds</strong><br />

developed massively after 2000 while rates of interests slipped downwards <strong>and</strong> equity markets<br />

plummeted. Institutional investors were looking for a dual strategy:<br />

A benchmarked passive portfolio to cover their costs<br />

An active management portfolio in the hope of boosting their overall return. To try to achieve<br />

their goal they invested both in <strong>funds</strong> of <strong>funds</strong> <strong>and</strong> in individual hedge <strong>funds</strong>. Controlling their<br />

active portfolios raises new problems of performance measurement (taking account of the<br />

probability of extreme losses) <strong>and</strong> risk assessment.<br />

It is quite plain that the opacity of hedge <strong>funds</strong> deprives institutional investors of any meaningful<br />

quantitative risk control.<br />

The more hedge <strong>funds</strong> rely on fathomless investment strategies that increase markedly in weight<br />

according to table 2 (specifically multi strategies <strong>and</strong> event-driven), the more their institutional<br />

clients have to rely on the good faith of fund managers. The only control institutional investors<br />

can engineer is upstream. They should develop networks of acquaintances to facilitate reference<br />

checking in order to get a thorough underst<strong>and</strong>ing of the would-be fund manager’s investment<br />

operations. It is awfully costly <strong>and</strong> time-consuming. Often pension fund trustees have neither the<br />

organisational resources nor the ability to run the investigation in-house. They must resort to<br />

counsellors biased towards getting more business for hedge <strong>funds</strong>.<br />

It should be commonsense that a reasonable policy of market transparency would improve the<br />

principal agent relationship inherent in delegated management.<br />

<strong>Hedge</strong> <strong>funds</strong> are going to manage more <strong>and</strong> more public money <strong>and</strong> a significant “retailisation”<br />

is under way. The call for some regulation will gain momentum. In the EU, as far as UCITS III<br />

allows mutual <strong>funds</strong> to indulge in hedge fund-type strategies, the need for a common regulation<br />

regime addressing hedge <strong>funds</strong> <strong>and</strong> their managers becomes pressing. Three motives for regulation<br />

are financial stability, investor protection <strong>and</strong> market integrity (against frauds, market abuse<br />

<strong>and</strong> money laundering).<br />

Financial regulation is most effective when it targets the conflicts of interest between market<br />

participants, risks, <strong>and</strong> stress points within the financial services supply chain. The supply chain<br />

for the hedge fund market is particularly complex when compared to the ‘traditional’ asset<br />

management industry because of the use of various counterparties (often unknown to the<br />

investor) <strong>and</strong> due to anomalies such as fund managers <strong>and</strong> actual <strong>funds</strong> being regulated in onshore<br />

<strong>and</strong> off-shore jurisdictions.<br />

The supply chain approach to regulation allows policymakers to identify the areas in the market<br />

which are most likely to give rise to detriment, recognise the different levels of sophistication of<br />

various market participants, <strong>and</strong> deploy targeted, proportionate regulatory interventions.<br />

Part III – Lessons to be drawn for future regulation<br />

161

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