Attend a special evening hosted by Mike Atherton
The chairman and chief executive of Berkshire Hathaway had appealed a decision by the US Securities and Exchange Commission, the regulator, in February to deny his request to keep the holding quiet for one year.
The SEC said: “Berkshire failed to demonstrate a likelihood of substantial competitive harm from the disclosure of its acquisition program.”
Mr Buffett, whose investment strategy is widely admired, told the SEC that disclosure of his acquisition strategy for a certain stock led other investors to mimic him and cause a rise in the price of the stock. The SEC said Berkshire had not supplied enough information: “Berkshire’s request appears over-broad.”
The argument’s validity rests on the size and brand of the stock — whether he is buying a blue-chip like IBM or a thinly traded stock of an experimental start-up. Matters such as the length of the acquisition period and other details can help the SEC to determine whether confidential treatment is appropriate.
Anyone who invests more than $100 million (£63 million) in US stocks must make a filing with the SEC to declare their stock holdings. Disclosure is considered good for investors who need to know, for example, if their money is being invested in a company with high-risk stakes, or morally objectionable practices. They can, however, apply to keep some holdings confidential if they can prove that it is in the public interest.
The application process is lengthy and cumbersome and ripe for manipulation by major investors who know how to play the system.
Despite his defeat, however, Mr Buffett can take the matter to the Federal Court, allowing him the option of keeping his holding secret for even longer.
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
With rail travel in Europe on the rise, we review the benefits of travelling by train
In this special section we explore new food trends to help improve your dinner party and impress guests
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
1998
£47,955
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
Check your free Experian credit report before applying
Car Insurance
£353 per day
Phonepay Plus
London
PwC’s Consulting practice helps businesses of all shapes and sizes work smarter and grow faster
PwC
£37,000
Department for Culture, Media and Sport
London
Currently £36,285
Department for Culture, Media and Sport
London
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Accommodation, flights, tickets to the race and a KL city tour for only £999pp
PremierHolidays.co.uk
For your ultimate tailor-made ski holiday, click here
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.