Dear FactorThis,I refer to your email of 18 December 2009.Thank...

Dear FactorThis,

I refer to your email of 18 December 2009.
Thank you for your correspondence. Your observations raise a substantive issue which has been passed onto ASXMS Surveillance for further analysis. Although we are not able to revert to you specifically about the action we will take in this matter, we are reviewing the issues that you have raised as a matter of priority.

ASX nevertheless continues to monitor trading across the markets in both real time and post trade. Should ASX form a view that particular trading may constitute a breach of ASX's operating rules, ASX may pursue disciplinary action for contraventions of ASX Market Rules (refer to 'How ASX enforces its rules' on asx.com.au). ASX also refers suspected breaches of the market manipulation prohibitions of the Corporations Act to ASIC for its own consideration. If however no breach of market manipulation prohibitions of our Rules or the Corporations Act is apparent, we may not be able to take any action in relation to the matter.
If despite the matters referred to above, you are still concerned about the way in which ASX is operating its market or responding to your complaint, you can of course raise the matter with ASIC which supervises ASX. In this regard, at the top of ASIC's home page at www.asic.gov.au, you will see an item "How to Complain".
Thank you for registering your concerns with ASX.

Yours sincerely,
Richard Flynn
Manager, ASX Surveillance ASX Limited