Potts opinion: Difference between revisions

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The Potts opinion is not without its critics — see [https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1775852 Oskari Juurikkala’s impassioned arguments from 2011 in the Helsinki Law Journal] — in that but for this artificial distinction, the contracts can fulfil exactly the same role. These arguments become ever more pointed as the practical application of credit default swaps became clear: they are hedging tools, not speculative instruments; that is how people use them; for the most part the fact that one could use them to speculate does very little to advance the practical fact that in the real world, most people don’t.
The Potts opinion is not without its critics — see [https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1775852 Oskari Juurikkala’s impassioned arguments from 2011 in the Helsinki Law Journal] — in that but for this artificial distinction, the contracts can fulfil exactly the same role. These arguments become ever more pointed as the practical application of credit default swaps became clear: they are hedging tools, not speculative instruments; that is how people use them; for the most part the fact that one could use them to speculate does very little to advance the practical fact that in the real world, most people don’t.
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*[[Credit Derivatives Anatomy]]
*[[Equity v credit derivatives showdown]]