The Credit Default Swap (CDS) market is assumed to
provide an efficient mechanism by which those who wish to hold securities can
transfer, for a fee, the default risk implicit in holding the securities to
those who are more willing to bear this risk. The purpose of this note
is to examine this assumption from the perspective of market efficiency and to
argue not only that the CDS market does not efficiently transfer risk, but
also that the existence of this market reduces market efficiency in the
financial system as a whole.
Consider a
CDS with a spread
[1] equal to rcds that insures
an underlying corporate bond that pays an interest rate equal to
r. Since the seller of the CDS pays
nothing for it, and, therefore, has nothing invested in it, the spread (rcds)
on the CDS is assumed to measure the pure default risk of the underlining
security.
The
problem is that for anyone who believes that markets are efficient there is
another way to calculate the default risk associated with a corporate bond,
namely, the difference between the rate paid by the bond (r)
and the rate paid by a Treasury security (rt)
(or the implicit rate in a combination of Treasury securities for more
complicated CDSs) that has the same maturity as the bond and generates the
same kind of payment stream as the bond:
(1)
rts = r - rt.
where
rts is the spread of the bond over the comparable Treasury
security. Since the Treasury security has zero default risk and the same
kind of payment stream as the corporate bond it is assumed that this spread
also measure the default risk of the corporate bond.
This begs
the question: Why would anyone hold a bond and pay a spread of rts
(the Treasury spread) or greater for a CDS to insure against
the default risk of that bond when (1) implies it is possible to earn
the same rate of return (rt
= r -
rts) or greater on a perfectly default free Treasury
security (or combination thereof)?
In the
absence of some way to profit from holding the security beyond the rate of
return it pays, it is obvious that no one would choose to hold the underlying
security and pay rts or greater
rather than hold a risk free Treasury securities. After all, the CDS itself
is not risk free; there is always a possibility the seller of the CDS will
default. If we set aside, for the moment, the possibility of irrationality
and alternative reasons a rational buyer or seller might have for
participating in the CDS market, the fact that buyers of CDSs have no reason
to purchase CDSs at a price greater than or equal to the Treasury spread has a
rather curious implication: It means that trading will take place in the CDS
market for bonds only if the spread paid on
the CDS is less than the Treasury
spread.
In other
words, it means that barring irrationality and alternative reasons a rational
buyer or seller might have for participating in the CDS market trading will
take place in the CDS market only if 1) the seller's estimate of the default
risk on the underlying security is less than the market's estimate of this
risk, and 2) sellers are willing to speculate against the market and bet the
market is wrong.
It also
means that if markets are efficient and the
Treasury spread is in fact the best estimate of default risk, there
must be a systematic bias toward underestimating risk on the part of sellers
participating in this market, even if their estimates of this risk are
equally as efficient as the market's. This follows from the fact that
sellers cannot participate in the market when they err in overestimating
risk relative to the market since buyers will not buy in this situation.
At the same time, sellers will be able to participate in the market whenever
they err in underestimating risk relative to the market since buyers will buy in this situation—the larger the error,
the more willing sellers will be to buy. As a result, large underestimates
cannot be offset by large overestimates in the market which must lead to a
systematic bias on the part of sellers in the market toward underestimating
risk.[2]
This would
be of little import if the CDS market were a trivial part of the financial
system, but in a world where this market grew from $631 billion in 2001 to
over $62 trillion in just six years this market is far from a trivial
part of the financial system. (ISDA)
What's more, if the financial markets were efficient in 2001 they most
certainly could not have remained so by 2007 as the CDS market's growth
exploded over the intervening years. It is inconceivable that pumping $62
trillion worth of default insurance into the financial system would not
have had an effect on prices by increasing the demand for the assets that were
insured thereby increasing their prices and lowering their corresponding
returns. At the same time one would expect investors to be less willing to
hold Treasury securities thereby decreasing their prices and increasing their
returns.
These
returns are represented by r and rt
in equation (1) above, and it is clear from this equation the fall in
r and increase in
rt would, in turn, lower
the Treasury spread,
rts. This, in turn, would
require a reduction in the spread on CDSs (rcds)
to keep this market expanding. At this point the Treasury spread (rts)
would have no relation to the default risk associated with the underlying
assets but, rather, would be determined by the spread at which CDS sellers
were willing to insure the underlying securities (rcds).
If markets were efficient in 2000 they most certainly would not have been
by 2007 since all of this would have occurred in a situation where the
estimates of sellers in the CDS market who provided the insurance that drove
rt up and
rcds and rts
down were biased toward underestimating default risk.
That the
data at least appear to be consistent with the above description of the CDS
market is indicated by Figure 1 which contains two charts prepared at the
Federal Reserve (Fed
Gordy) that seem to show a downward trend in corporate bond-Treasury and
CDS spreads as the CDS market exploded from 2002 through 2007.
Figure 1
If the
above analysis of the CDS market is correct, can there be any wonder that
explosive growth in a market whose primary economic justification is to
provide a mechanism for speculators to bet the market overestimates risk
should be a precursor to the kind of economic catastrophe that resulted from
the housing bubble which, coincidently, grew and collapsed in unison with the
growth in the CDS market? (See Figure 2 from
RiskAndReturn.net and
NYT)
Figure 2
There may,
of course, be reasons other than to speculate against the market that would
lead rational buyers to purchase CDSs at spreads equal to or greater than
their corresponding Treasury spreads or sellers to sell CDSs at spreads below
the corresponding Treasury spreads even when they estimate the risk to be
higher. Regulatory and financial arbitrage come to mind whereby CDSs are used
to avoid government regulation or to generate misleading financial statements
in such a way as to benefit the arbitrageur. Perhaps CDSs can be used as part
of complex speculative hedging strategies in a way that justifies otherwise
irrational behavior on the part of buyers and sellers, but these uses hardly
justify a market that disrupts market efficiency, nor do they provide a
justification for not regulating this market.
This is
particularly so in view of the fact that insurance is, by its very nature, a
controlled Ponzi scheme whereby the
premiums paid in by the policy holders are paid out to the policy holders to
cover their losses. The potential for abuse in this kind of endeavor is
enormous, especially when the market is expanding as the antics of AIG bear
witness. Not only should the CDS market be regulated, regulators should take
a very close look at the reasons buyers and sellers participate in this
market. There would seem to be no economic justification for allowing this
market to even exist, let alone to allow it to dominate the estimation of
default risk in the financial system.
Endnotes
[1] The spread of a CDS is the rate of
return paid to the seller on the principal of the underlying security
insured against default risk by the CDS. If the spread of the CDS is 2%
the seller receives a premium equal to a two percent return on the
principle of the underlying security. This means that if the interest
rate on the underlying security is 6% and the purchaser of the CDS pays a
spread of 2% to insure against the risk of default, the purchaser receives
a net return of only 4% from holding the underlying security after it is
insured.
[2] It can be argued that rt
includes liquidity or other kinds premiums as well as default risk. I am
ignoring these premiums here as they do not invalidate the argument.
Their existence would reduce the magnitude of the bias but not eliminate
it.