The situation is actually even worse than the lawsuit in that article suggests. There are lulls where a de facto "single" machine (paired strats, one Buying and the other Selling) is making a major CME market. During these intervals, whatever position you put on is met with an instantaneous major gap against, in the tape appearing as a burst of "trades" as opposed to a more classical spoof evacuation of bids or asks of the kind of event CME says they look for). The gap widens until you are stopped out, then the price returns to where it was in a burst of "trades" in the opposite direction. These "trades" are rational only since they are for the same beneficial owner. The machine moves in a counterintuitive but rational and ruthless sense- when you buy from it, it is short, and it benefits by the price going down and your selling back to it at a lower price than you paid. And, vice versa, of course. The behavior as price/market maker is opposed that for a price taker. The regular guy, the price taker, when short, exerts a bullish influence on price, not bearish. In the CME, what you might call "retail" or "discretionary" or "thoughtful" or "hand" trading volumes are way down. Basically, every retail trade today is with an market-making HFT machine as counterparty. So, unless you are a physical player in a market, either always buying or always selling, you cannot win the game unless you trade counterintuitively as-if the machine, buying further when high and selling further when low, and only during periods where your trade "hides" with opposing-view retail trades. So-called "value traders" will always lose in the new and corrupted CME. The retail volume is too low to provide "cover"- the HFT who just sold to you realizes you can be immediately stopped out if the price gaps down. And, whatever one's opinion of algo/daytraders, the fact you can't trade major markets with normal stops, or even stops at all, hurts the US economy.