Competition enforcement versus regulation as market-opening tools: an application to banking and payment systems (2024)

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Volume 12 Issue 1 March 2024
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Jens-Uwe Franck

Department of Law, University of Mannheim

, Mannheim,

Germany

Mannheim Center for Competition and Innovation (MaCCI), Mannheim

,

Germany

Corresponding author: E-mail: jfranck@mail.uni-mannheim.de

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Journal of Antitrust Enforcement, Volume 12, Issue 1, March 2024, Pages 148–188, https://doi.org/10.1093/jaenfo/jnad010

Published:

20 April 2023

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    Jens-Uwe Franck, Competition enforcement versus regulation as market-opening tools: an application to banking and payment systems, Journal of Antitrust Enforcement, Volume 12, Issue 1, March 2024, Pages 148–188, https://doi.org/10.1093/jaenfo/jnad010

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Abstract

This article analyses three routes for the formation of market-opening rules: competition enforcement, legislative rulemaking, and market investigation. Using examples and case studies related to facilitating market access in banking and payment systems, we illustrate essential features and limitations of the different modes of rulemaking. The interrelation between them is explored, emphasizing the merits of having them available in parallel.

© The Author(s) 2023. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com

This article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model (https://academic.oup.com/pages/standard-publication-reuse-rights)

JEL

K21 - Antitrust Law

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