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EU Competition Law and the Financial Services Sector

پدیدآوران:
ناشر:
Routledge
دسته بندی:

شابک: ۹۷۸۰۴۱۵۸۳۰۵۳

سال چاپ:۲۰۱۳

کد کتاب:448
۳۸۵ صفحه - وزيري (شوميز) - چاپ ۲
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Competition law is an extremely complex area of law that is in constant evolution, and whose underpinning principles cross paths with economic and market theories. Its pervasive effects embrace every aspect of the market economy including the financial services sector (banking and insurance industries). The financial services sector with its sophisticated structures and interconnections with other areas of the market is, in its own right, a very difficult sector to decode. One reason for this is that, nowadays, banking and insurance undertakings perform almost identical economic functions; both can be defined as financial intermediaries that receive money from private individuals or companies in the form of deposits or premiums, and lend money to customers wishing to borrow. The importance of the role played by the financial services sector in the economy cannot be overestimated: past and recent financial crises are a testament to the pivotal role played by banks and insurers in society. Thus, especially in this sector of the economy, competition should be carefully scrutinized with a view to create a level playing field and limiting possible detrimental consequences for consumers. Since the dawn of the European Union, insurance and banking undertakings claimed to be subject to a special status vis-à-vis the application of EU competition law, as a result of the quasi social nature of the services they provide. Nevertheless, contrary to such claims, both the Commission and the European Courts from the outset fervidly affirmed the complete exposition of the financial services sector to the European antitrust regulatory framework, with some exceptions in the insurance sector.