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ExplainerMarket MicrostructureRegulation NMS· 7 min read· in Finance

Bid-Ask Spread Floor: Why Minimum Tick Sizes Transfer Wealth From Retail Limit Orders to Market Makers

When regulators enforce a one-cent minimum increment for public stock quotes, off-exchange market makers can use sub-penny pricing to step ahead of retail limit orders. This structural advantage captures the spread for intermediaries while leaving retail investors with unexecuted trades and adverse selection.

By Camille Durand

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In short

  • SEC Rule 612 mandates a one-cent minimum quoting increment, forcing retail limit orders to queue at artificial price boundaries.
  • Off-exchange market makers bypass these queues by offering sub-penny price improvements, capturing the spread while leaving retail orders unfilled.
  • New SEC regulations taking effect in November 2025 will introduce a half-penny tick size for qualifying stocks to reduce this structural disadvantage.

In a physical auction house, a bidder who offers a fraction of a cent more than the current high bid is ignored because the auctioneer enforces a strict minimum bidding increment. In modern equity markets, however, that fractional bid is not only accepted off-exchange but serves as the primary mechanism by which intermediaries step ahead of public limit orders.

This structural discrepancy stems from the minimum tick size, a regulatory floor that dictates the smallest allowable price movement for publicly displayed stock quotes. For nearly two decades, that floor has been set at exactly one penny for most equities traded on national exchanges.

While intended to simplify the market and protect investors from microscopic price manipulation, the rigid penny increment created an unintended wealth transfer. It forces retail investors to queue at whole-cent intervals, while allowing institutional market makers to bypass those queues in private venues.

The mechanics of this transfer do not rely on high-frequency trading speeds or complex algorithms, but rather on a simple regulatory arbitrage. By understanding how the bid-ask spread floor operates, investors can see exactly why their limit orders often go unfilled even when the market appears to touch their price.

The Mechanics of the Penny Floor

The architecture of modern stock pricing is governed by Rule 612 of the Securities and Exchange Commission’s Regulation NMS. Implemented in 2005, the rule prohibits market participants from displaying, ranking, or accepting orders in pricing increments smaller than $0.01 for stocks priced above one dollar.[1]

This regulation effectively mandates a minimum bid-ask spread of one penny. If a buyer is willing to pay $50.00 for a share and a seller is asking $50.01, the spread is exactly one cent, and the stock is considered tick-constrained.[4]

Under SEC Rule 612, public exchanges cannot display quotes in increments smaller than one penny.

For highly liquid stocks, natural supply and demand would often dictate a spread much tighter than a penny. However, because public exchanges cannot display sub-penny quotes, liquidity piles up at these artificial boundaries, creating massive queues of limit orders waiting for execution.[2]

When a retail investor places a limit order to buy 1,000 shares at $50.00, that order joins the back of the queue at the public exchange. The investor must wait for all prior orders at $50.00 to be filled before their trade can execute.[2]

The Sub-Penny Step-Ahead

The wealth transfer occurs because Rule 612 applies strictly to the public display and ranking of orders, but it does not prohibit off-exchange venues from executing trades at sub-penny prices. This loophole allows wholesalers and internalizers to operate by a different set of mathematical rules.[1]

When a marketable sell order arrives, an off-exchange market maker can intercept it by offering a price of $50.001. This price is technically better than the public best bid of $50.00, satisfying the regulatory requirement to provide price improvement to the seller.[4]

By improving the price by just one-tenth of a cent, the market maker completely bypasses the massive queue of retail limit orders waiting at $50.00. The intermediary captures the remaining nine-tenths of a cent of the spread when they subsequently sell the shares.[3]

The retail limit order, meanwhile, remains stuck on the public exchange. The investor provided the foundational liquidity that established the $50.00 floor, but the intermediary extracted the economic value of the trade for a fraction of a penny.[2]

Off-exchange market makers can bypass public limit order queues by offering fractions of a cent in price improvement.

The Cost of Adverse Selection

Missing out on a trade is only the first half of the wealth transfer mechanism. The second half involves a phenomenon known as adverse selection, which systematically penalizes the retail limit orders left waiting in the public queue.[2]

Because market makers selectively step ahead of retail orders to capture profitable spreads, they only leave the unprofitable trades for the public exchanges. If a sudden wave of selling pressure hits the market, the intermediaries simply step back and stop offering sub-penny improvements.[2]

When the intermediaries step back, the selling pressure crashes directly into the public limit order book. The retail investor’s order at $50.00 is finally executed, but only because the market is in the process of moving sharply lower.[2]

The retail investor buys the stock at $50.00 just as the price drops to $49.95. They suffer an immediate paper loss, having absorbed the toxic liquidity that the institutional market makers deliberately avoided.[3]

This dynamic means retail limit orders face a structural disadvantage. They miss out on executions when the price remains stable or moves in their favor, and they only receive fills when the market is actively moving against their position.[2]

Quantifying the Wealth Transfer

The economic scale of this structural disadvantage is substantial when aggregated across the entire equity market. Academic analyses of the SEC’s Tick Size Pilot program revealed that artificial penny constraints systematically degrade execution quality for retail liquidity providers.[1]

The structural advantage of sub-penny pricing transfers an estimated $80 to $90 per 10,000 shares to intermediaries.

When normalizing the non-execution costs against the sub-penny spread capture across a standardized 10,000-share block, the data reveals a stark asymmetry. Market makers routinely capture $80 to $90 of the spread value, while retail limit orders absorb the opportunity costs.[3]

This dynamic effectively functions as a tax on public liquidity provision. The retail investor assumes the risk of displaying a firm price to the market, but the economic reward for that risk is intercepted by intermediaries operating in dark pools or wholesale networks.[3]

The wealth transfer is most pronounced in highly liquid, low-priced stocks where the one-cent tick size represents a large percentage of the share price. In these tick-constrained environments, the queue at the penny increment can stretch to millions of shares.[4]

Regulatory Reforms and the Half-Penny Shift

Recognizing the market distortions caused by the rigid penny floor, the Securities and Exchange Commission recently moved to modernize the quoting infrastructure. In adopting unanimous amendments to Rule 612 in September 2024, the SEC explicitly noted that the one-penny minimum increment was "outdated, and too wide for today’s markets."[1]

Under the new framework, which reaches full compliance in November 2025, stocks with a time-weighted average quoted spread of $0.015 or less will be assigned a minimum tick size of $0.005. This half-penny increment aims to alleviate the massive queues in tick-constrained securities.

By allowing public exchanges to quote in half-penny increments, the SEC intends to foster tighter spreads and reduce the structural advantage held by off-exchange wholesalers. Retail limit orders will be able to compete more aggressively for executions without relying on sub-penny internalizers.[3]

The SEC's recent amendments will introduce a half-penny tick size for qualifying stocks by late 2025.

However, the amendments notably stopped short of banning sub-penny executions entirely. Market makers will still be permitted to offer price improvement at increments finer than the new half-penny tick, preserving a narrower version of the step-ahead mechanism.

The shift to a half-penny tick represents the most significant change to equity market microstructure in two decades. It acknowledges that the artificial constraints of the past transferred billions in spread value away from the public order book.

As the market prepares for the 2025 implementation, the fundamental math of liquidity provision remains unchanged. Until public limit orders can compete on the exact same pricing increments as private intermediaries, the structural wealth transfer will persist, albeit at a smaller scale.[3]

Institutional Impact and Maker-Taker Fees

Retail investors are not the only participants penalized by the bid-ask spread floor. Institutional asset managers, pension funds, and mutual funds also rely heavily on public limit order books to accumulate or distribute large block positions over time.[2]

When an institutional algorithm places passive limit orders to buy 100,000 shares, it faces the exact same queueing disadvantage at the penny increment. The institution's orders are routinely bypassed by sub-penny internalizers, extending the time required to complete the trade.[4]

This delay exposes the institution to greater market risk and information leakage. The longer their limit orders sit unexecuted in the public queue, the higher the probability that other market participants will detect their buying interest and drive the price upward.[2]

Regulators are compressing both tick sizes and exchange access fees to reduce overall trading friction.

Furthermore, the economics of the penny tick are deeply intertwined with the maker-taker fee models used by public exchanges. Exchanges charge access fees to participants who take liquidity, while paying rebates to those who provide it through limit orders.[1]

The SEC's 2024 reforms also addressed these access fees, reducing the caps to align with the new half-penny tick sizes. By shrinking both the tick size and the access fees, regulators hope to compress the total friction costs embedded in every equity transaction.

Ultimately, the bid-ask spread floor demonstrates how seemingly minor technical rules can dictate the flow of capital. A rigid one-cent boundary, designed for simplicity, inadvertently engineered a permanent structural advantage for those equipped to trade in the fractions beneath it.[3]

How we did this

Method
Normalisation of retail limit order non-execution costs against wholesaler sub-penny spread capture across a standardized 10,000-share block of a tick-constrained equity.
What we found
The artificial penny constraint effectively acts as a structural tax on retail liquidity provision, transferring an estimated $80 to $90 per 10,000 shares directly to intermediaries who are not bound by the same tick increments on off-exchange venues.
What we worked from
  • Average sub-penny price improvement offered by wholesalers: $0.001 to $0.002 per share — Oxford Academic
  • Minimum public quoting increment under SEC Rule 612: $0.01 per share — Federal Register
Limits of this analysis
This analysis assumes static queue positions and does not account for the varying execution speeds of different retail brokerages.

Terms to know

Tick Size
The minimum price increment at which a stock can be quoted or traded on a public exchange.
Limit Order
An order to buy or sell a stock at a specific price or better, which rests in the order book until matched.
Market Maker
A financial firm that stands ready to buy and sell securities, profiting from the bid-ask spread.
Adverse Selection
The risk that a resting limit order will only be executed when the market is moving against the trader's position.
Internalizer
A broker-dealer that executes customer orders out of its own inventory rather than routing them to a public exchange.
Maker-Taker Fees
A pricing model where exchanges charge a fee to orders that take liquidity and pay a rebate to orders that provide it.

Questions readers ask

What is a tick-constrained stock?

A stock where the natural bid-ask spread would be smaller than the regulatory minimum of one cent, causing massive queues of orders to pile up at the penny increments.

Why can't retail investors use sub-penny limit orders?

SEC Rule 612 prohibits public exchanges from displaying or accepting orders in increments smaller than a penny for stocks priced over $1.00.

How does adverse selection affect limit orders?

Limit orders often remain unexecuted when the market is stable or moving favorably, but get filled immediately when the market moves against the investor's position.

When does the new half-penny tick size take effect?

The SEC's amendments to Rule 612 reach full compliance in November 2025, allowing half-penny ticks for qualifying stocks.

Different angles

Retail Liquidity Advocates

Argue that artificial tick sizes harm public limit orders by allowing intermediaries to step ahead without taking meaningful price risk.

Proponents of public limit order books argue that the penny increment acts as an artificial barrier that penalizes the very investors providing foundational liquidity. By forcing retail traders to display their buying or selling interest at whole-cent intervals, the regulation creates a predictable queue that off-exchange intermediaries can easily exploit. These advocates maintain that sub-penny price improvement is largely an illusion, as the fraction of a cent saved on a market order is vastly outweighed by the opportunity costs and adverse selection suffered by the retail limit orders left behind on the exchange.

Wholesale Market Makers

Argue that sub-penny execution provides guaranteed price improvement to retail market orders, saving investors money compared to public exchange execution.

Firms that operate as wholesalers or internalizers emphasize the direct benefits they provide to retail investors placing market orders. By executing trades off-exchange at sub-penny increments, these market makers guarantee that the retail buyer or seller receives a better price than the National Best Bid and Offer (NBBO) displayed on public exchanges. They argue that this system saves retail investors billions of dollars annually in price improvement and zero-commission trading, asserting that the public limit order book is naturally dominated by institutional algorithms rather than everyday retail traders.

Market Microstructure Researchers

Focus on the mathematical realities of adverse selection, queue dynamics, and how regulatory floors distort natural supply and demand.

Academic researchers view the tick size debate through the lens of market friction and queueing theory. Their analyses demonstrate that when a stock's natural spread is narrower than the regulatory minimum, the resulting artificial queues inevitably lead to adverse selection for whoever is forced to wait in them. These researchers generally support the SEC's move toward half-penny increments, noting that aligning the regulatory tick size closer to the natural market spread reduces the economic incentive for intermediaries to step ahead, thereby improving the overall health and efficiency of the public order book.

Retail Liquidity Advocates 40%Wholesale Market Makers 30%Market Microstructure Researchers 30%
Retail Liquidity Advocates
Argue that artificial tick sizes harm public limit orders by allowing intermediaries to step ahead without taking meaningful price risk.
Wholesale Market Makers
Argue that sub-penny execution provides guaranteed price improvement to retail market orders, saving investors money compared to public exchange execution.
Market Microstructure Researchers
Focus on the mathematical realities of adverse selection, queue dynamics, and how regulatory floors distort natural supply and demand.

Perspectives this story doesn't cover

  • High-Frequency Trading Firms
  • Retail Brokerages Receiving Payment for Order Flow

Sources

Source coverage

4 outlets

3 viewpoints surfaced

Retail Liquidity Advocates 40%Wholesale Market Makers 30%Market Microstructure Researchers 30%
  1. [1]Federal RegisterMarket Microstructure Researchers

    Regulation NMS: Minimum Pricing Increments, Access Fees, and Transparency of Better Priced Orders

    Read on Federal Register →
  2. [2]Oxford AcademicMarket Microstructure Researchers

    A (Sub) Penny for Your Thoughts: Tracking Retail Investor Activity in TAQ

    Read on Oxford Academic →
  3. [3]Factlen Editorial TeamRetail Liquidity Advocates

    Synthesis by Factlen editorial team

    Read on Factlen Editorial Team →
  4. [4]Databento

    Tick size and minimum price increment

    Read on Databento →
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