ARTICLE
22 August 2017

FCA Chief Executive Says Libor Is Unsustainable

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
In a speech at Bloomberg London, UK Financial Conduct Authority ("FCA") Chief Executive Andrew Bailey discussed (i) the sustainability of the London Interbank Offered Rate ("LIBOR")...
United Kingdom Finance and Banking

In a speech at Bloomberg London, UK Financial Conduct Authority ("FCA") Chief Executive Andrew Bailey discussed (i) the sustainability of the London Interbank Offered Rate ("LIBOR"), (ii) a target date for the cessation of FCA support for LIBOR, and (iii) planning for an orderly transition.

According to Mr. Bailey, the FCA concluded that it is "not only potentially unsustainable, but also undesirable, for market participants to rely indefinitely on reference rates that do not have active underlying markets to support them." Despite efforts to improve governance and anchor LIBOR submissions to actual transactions, he noted, the inactivity of markets that LIBOR seeks to measure has made it difficult to maintain a rate that accurately represents market conditions. Because of this, he said, even a well-run benchmark is unable to measure a "market [that] does not exist."

Mr. Bailey stressed the need for a transition period in which to mitigate risks that otherwise could occur if the change was more immediate. Accordingly, he announced the FCA's intention to work to sustain LIBOR through 2021, and to facilitate a market transition during that period in order to allow the FCA to withdraw support after that date.

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