The listed company SSAB Svenskt Stål AB (“SSAB”) has contravened the rules that
apply at OMX Nordic Exchange Stockholm by failing to handle price-sensitive
information in the correct manner. The Exchange's Disciplinary Committee has
ruled that SSAB must pay a fine of one annual fee, which corresponds to SEK
2,201,285.
In accordance with OMX Nordic Exchange Stockholm's listing agreement, interim
reports must be published in a manner that ensures that the information is made
available to the public rapidly and in a non-discriminatory manner. No later
than simultaneously, the information shall be disclosed to the Exchange in the
manner instructed by the Exchange and shall be made available on the company's
website as soon as possible. The listed company is obligated to ensure that
information concerning the report does not “leak” in advance.
On Monday, October 29, 2007 at 12:59 p.m., SSAB published its report on the
third quarter of 2007. However, information from the report had been available
from the news agency Ticker as early as 12:52 p.m. As the subsequent
investigation has shown, this was a result of the report being made accessible
externally via SSAB's website. This was possible because SSAB had placed a
hidden draft of the quarterly report, on hold, on its website at 11:10 a.m. The
first download by an external party occurred at 11:56 a.m. Through an internal
inquiry, SSAB was able to determine that the company's information security was
deficient with regard to the Internet.
The Disciplinary Committee has concluded that it was evident that SSAB's report
on the third quarter of 2007 had been made accessible externally slightly more
than one hour before it was published in the manner stipulated in the listing
agreement. In similar cases in 2003, the Disciplinary Committee found that the
listing agreement's ban on disclosing price-sensitive information in any manner
other than through correct publication also encompasses unintentional
disclosure. Because the report was made accessible on the Internet, the company
bears factual responsibility for disclosing the information since it would be
fairly easy to work out the website address.
Following the previous cases in 2003, the Exchange informed all listed companies
about the problems that had been brought to light with regard to these matters
and urged the companies to review their routines for publishing information
online. The current “leak” occurred despite previous information concerning such
conduct and, consequently, the Disciplinary Committee found that a warning would
not be a suitable sanction this time.
The Disciplinary Committee sentenced SSAB to a fine of one annual fee,
corresponding to slightly more than SEK 2.2 million.
For further information:
Jonas Rodny, OMX Nordic Exchange Stockholm +46 (0)8-405 72 67
About the Disciplinary Committee | The role of OMX Nordic Exchange in
Stockholm's Disciplinary Committee is to consider suspicions regarding whether
Exchange Members, brokers or listed companies have breached the rules and
regulations applying on the Exchange. If the Exchange suspects that a member,
broker or listed company has acted in breach of the Exchange's rules and
regulations, the matter is reported to the Disciplinary Committee. The Exchange
investigates the suspicions and pursues the matter and the Disciplinary
Committee issues a ruling regarding possible sanctions. The sanctions possible
for listed companies are a warning, a fine or delisting. The fines that may be
imposed range from one to 15 annual fees. The sanctions possible for Exchange
Members are a warning, a fine or debarment, while brokers may be warned or have
their brokerage license rescinded. The Disciplinary Committee's Chairman and
Deputy Chairman must be lawyers with experience of serving as judges. At least
two of the other members of the Committee must have in-depth insight into the
workings of the securities market.
Members: Supreme Court Justice Johan Munck (Chairman), Supreme Court Justice
Marianne Lundius (Deputy Chairman), Madeleine Leijonhufvud (professor), Stefan
Erneholm (company director) and Hans Mertzig (company director). Deputy Members:
Hans Edenhammar (MBA), Claes Beyer (lawyer), Jack Junel (company director),
Ragnar Boman (MBA) and Carl Johan Högbom (MBA).
About OMX | OMX is a leading expert in the exchange industry. The OMX Nordic
Exchange comprises over 800 companies including its alternative market First
North. OMX provides technology to over 60 exchanges, clearing organizations and
central securities depositories in over 50 countries. The Nordic Exchange is not
a legal entity but describes the common offering from OMX exchanges in Helsinki,
Copenhagen, Stockholm, Iceland, Tallinn, Riga, and Vilnius. OMX is a Nordic
Large Cap company in the Financials sector on the OMX Nordic Exchange. For more
information, please visit www.omxgroup.com.
