rbartell- I'm sorry you had this happen, but I'm not sure from reading the ARCA erroneous trade policy that it says what you describe, I.e. That any new 52 week high/low can be busted in the pre/after-hours. It does say that a new high/low is a factor to consider for outliers that don't otherwise exceed the thresholds (in 7.10(d)(1)(B)), and in 7.10(c)(3) all they say that they have discretion to consider various potentially relevant factors.I just had some premarket trades broken by ARCA, at a very reasonable level (2% above yesterday's close on a 2x leveraged note). My Broker (IB) argued with the exchange as to why the trades were broken and they said that any pre/postmarket trade that breaks a new high will be broken if they receive a filing.
It's all laid out here:
https://usequities.nyx.com/sites/usequities.nyx.com/files/nyse_arca_rule_710_cee.pdf
See the section about 52 week highs, and then it will refer you to 7.10(c)(3) in which case it falls under "Opening and Late Session executions" and they'll break it for you.
My broker says that the rule is set by FINRA, and is followed by all exchanges.
It seems to me that the threshold for a $0-25 priced 2x ETP would be 20% away from the reference price, or 10% in the case of $25-50 priced ETP. The reference price would typically be the last trade, or perhaps the most recent open/close under more extreme circumstances.