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European Court of Justice clarifies circumstances in which financial institutions may exchange credit information without breaching competition law


  • Fred Houwen


Purpose - The purpose of this paper is to describe how The European Court of Justice's (ECJ) recent judgment in Design/methodology/approach - The paper outlines the background to the case, the judgment and provides a comment. Findings - The judgment shows that in case of any doubt there is no substitute for a rigorous analysis of the affected market in light of the case law and general guidance from the Commission and national competition authorities, before engaging in any potentially controversial activity such as information exchange. Originality/value - The paper provides insight into how financial institutions may exchange credit information without breaching competition law in the context of the ECJ judgment.

Suggested Citation

  • Fred Houwen, 2008. "European Court of Justice clarifies circumstances in which financial institutions may exchange credit information without breaching competition law," Journal of Financial Regulation and Compliance, Emerald Group Publishing, vol. 16(1), pages 108-110, February.
  • Handle: RePEc:eme:jfrcpp:v:16:y:2008:i:1:p:108-110

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    References listed on IDEAS

    1. Carolyn Currie, 2006. "A Test Of The Strategic Effect Of Basel Ii Operational Risk Requirements On Banks," The IUP Journal of Monetary Economics, IUP Publications, vol. 0(4), pages 6-28, November.
    2. Carolyn Currie, 2004. "Basel II and Operational Risk - Overview of Key Concerns," Working Paper Series 134, Finance Discipline Group, UTS Business School, University of Technology, Sydney.
    3. Kabir K. Dutta & David F. Babbel, 2005. "Extracting Probabilistic Information from the Prices of Interest Rate Options: Tests of Distributional Assumptions," The Journal of Business, University of Chicago Press, vol. 78(3), pages 841-870, May.
    4. Andreas Jobst, 2007. "Operational Risk; The Sting is Still in the Tail But the Poison Dependson the Dose," IMF Working Papers 07/239, International Monetary Fund.
    5. Kabir K. Dutta & David F. Babbel, 2002. "On Measuring Skewness and Kurtosis in Short Rate Distributions: The Case of the US Dollar London Inter Bank Offer Rates," Center for Financial Institutions Working Papers 02-25, Wharton School Center for Financial Institutions, University of Pennsylvania.
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    Cited by:

    1. Caterina Giannetti & Nicola Jentzsch & Giancarlo Spagnolo, 2010. "Information Sharing and Cross-border Entry in European Banking," CEIS Research Paper 178, Tor Vergata University, CEIS, revised 21 Dec 2010.


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