• Nasdaq to offer $40m to brokers and investors after technical glitch marred trading during Facebook's IPO
  • $14million given in cash and the remainder in credit
  • Company usually caps reimbursement due to technical glitches at $3m

By Reuters Reporter and Associated Press

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Nasdaq said Wednesday afternoon that it would hand out $40million in cash and credit to reimburse investment firms that lost money on Facebook's opening day because of computer glitches at the exchange.

Nasdaq's chief rival, the New York Stock Exchange, fired off a statement condemning the move, saying Nasdaq was giving itself an unfair advantage and rewarding itself for its own mistakes.

One broker, Knight Capital, said the planned reimbursements weren't nearly enough, encapsulating the complaints that other brokers and investment firms were making privately.

Nasdaq

Compensation: Nasdaq said Wednesday afternoon that it would hand out $40million in cash and credit to reimburse investment firms that lost money on Facebook's opening day because of computer glitches at the exchange

Nasdaq OMX's compensation for mishandling Facebook Inc's public offering is 'too limited', though the exchange deserves praise for tackling the issue, former Securities and Exchange Commission chief Harvey Pitt said.

The harm caused by Nasdaq's failures easily exceed the $40 million the exchange has set aside, Mr Pitt said on Wednesday, responding to a query by e-mail.

Not enough: Harvey Pitt, the former Securities and Exchange Commission chief, said the compensation wasn't enough

Not enough: Harvey Pitt, the former Securities and Exchange Commission chief, said the compensation wasn't enough

He also said there does not seem to be any rationale for how the number was arrived at or why it is fair.

Nasdaq 'deserves kudos for taking the bull by the horns, and not waiting for the SEC to finish its review,' Mr Pitt said. 'But I think the steps it has taken — while positive — are too limited. The dollar estimates for harm caused by Nasdaq's failures easily exceed — several times over — the $40 million it has set aside.'

Mr Pitt said Nasdaq would be better served by an independent internal review of all that occurred on May 18, when traders were left in the dark for hours as to whether their orders for Facebook shares had been executed.

Facebook went public May 18 amid great fanfare, but computer glitches at the Nasdaq threw the day into chaos.

The opening was delayed by half an hour. Technical problems kept many investors from buying shares in the morning, selling them later in the day, or even from knowing whether their orders went through. Some investors complained that they were left holding shares they didn't want.

Nasdaq will pay about $14 million in cash to investment companies that bought or sold shares, or tried to, at certain levels. The rest will be given as credit, meaning the firms won't have to pay as much in the usual fees required for trading on the Nasdaq.

Nasdaq predicted that those benefits could last as long as six months.

The credit for trading fees riled the NYSE. It said the move gave investors a strong incentive to move more of their trading to the Nasdaq, allowing Nasdaq 'to reap a benefit from market share gains they would not have otherwise received.'

'This is tantamount to forcing the industry to subsidize Nasdaq's missteps and would establish a harmful precedent that could have far reaching implications for the markets, investors and the public interest,' the NYSE said in a statement.

Dislike: Facebook went public May 18 amid great fanfare, but computer glitches at the Nasdaq threw the day into chaos

Dislike: Facebook went public May 18 amid great fanfare, but computer glitches at the Nasdaq threw the day into chaos

The war of words underscores the constant battle that Nasdaq and the NYSE are locked in.

The NYSE, with roots dating to the 18th century and its familiar neoclassic headquarters on Wall Street, bills itself as reliable and well-known. Nasdaq, which started in 1971, promotes itself as a high-tech exchange favored by high-tech companies including Apple and Google.

The $40 million amount is far more than usual: Nasdaq has traditionally imposed a $3million cap for reimbursing customers who lost money because of technical problems.

It's hard to imagine that the amount could cover all the claims. Knight Capital alone has estimated that it lost as much as $35 million because of Nasdaq's glitches.

Knight Capital said it was disappointed that the reimbursement pool 'does not come close to covering reported losses' connected to the technical glitches.

'Their proposed solution to this problem is simply unacceptable,' the company said in a statement.

Large amount: The $40 million amount is far more than usual: Nasdaq has traditionally imposed a $3 million cap for reimbursing customers who lost money because of technical problems

Large amount: The $40 million amount is far more than usual: Nasdaq has traditionally imposed a $3 million cap for reimbursing customers who lost money because of technical problems

It isn't clear what will happen next. Nasdaq still has to get approval from the Securities and Exchange Commission for its plan. The NYSE said it would 'strongly press our views' but didn't give details. Knight Capital said it is 'evaluating all remedies available under law,' which could mean it plans to sue.

Facebook's stock originally priced at $38 and closed that first day at $38.23, a disappointment to speculators who had hoped for a first-day pop. Nasdaq has said it was embarrassed by the glitches, but that they didn't contribute to the underwhelming returns.

Nasdaq says it will reimburse investment firms that tried to sell shares at $42 or less but either couldn't sell or sold at a lower price than they intended.

It will also reimburse investment firms that bought at $42 but in trades that weren't immediately confirmed. FINRA, the financial industry's self-regulatory group, will review the claims for compensation. Facebook's shares went as high as $45 on the first day.

The shares rose after the Nasdaq announcement and closed up 94 cents, nearly 4 per cent, at $26.81. That's still down nearly 30 per cent from the initial pricing.

The Facebook offering has left a bad taste for many investors, though they don't blame Nasdaq alone.

Many also think that Facebook as well as Morgan Stanley, the main bank that underwrote the deal, overestimated demand, pricing the shares too high and issuing too many.

Nasdaq says the problems have been fixed and that it has hired IBM to review its operating systems.