What would the Securities and Exchange Commission (SEC) do if it learned that a company conspired with its Board of Directors to destroy the market value of the company by $50 billion, by alienating its customers and depressing its stock price? There would be an investigation. Perhaps fines would be levied, perhaps the company would even be delisted from the Stock Exchange. If the SEC learned that a company was making decisions that did not allow them to live up to its fiduciary responsibility to its shareholders, action of some sort would be taken.
The SEC’s Division of Enforcement oversees the investigation of alleged breaches of securities law — including negligence and market manipulation. Would making a decision that the Board of Directors knows will lead to the destruction of corporate earnings and shareholder value meet the requirements of an investigation? Does purposefully destroying market valuation count as market manipulation?
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