January 13, 2014
CBOE has every right to grow its business and make technology available to as many customers as possible and the SEC should bless this endeavor.
Some clarification is warranted to ensure that customer interests are preserved as it relates to: the preferencing of exchange quotes at the NBBO regardless of time, size and fees smart routing and trade data confidentiality at FlexTrade.
It is recommended that:
1. The method for changing the default exchange on an order-by-order and global basis be made public.
2. The details of the workings of the "smart router" be made public.
3. The procedures and internal controls to ensure that "FlexTrade does not unfairly take advantage of confidential customer information ..." be made public. Specifically are there written guidelines, managers in charge and auditors to verify compliance? Are there guidelines for disseminating a breach and notification of exchange and SEC officials?