Cross Border Service Payments under EU Fair Competition and SEPA Rules

European Competition Journal, Vol. 8, No. 2, pp. 403-428, 2012

26 Pages Posted: 22 Sep 2012 Last revised: 15 Dec 2014

Anca D. Chirita

Durham University, Durham Law School

Date Written: August 15, 2012

Abstract

EU rules on the functioning of a Single European Payment Area (SEPA) Union-wide with free movement of cross-border services have an impact upon fair competition in the internal market for both consumers and smaller businesses. Under Article 102 (a) TFEU, the cost analysis of pricing must be supplemented by translating unfair trading terms and conditions from the field of legal analysis of contracts into that of economics. Terms and conditions which create a more onerous obligation form an integral part of an economic contract concluded by undertakings, irrespective of their market shares, based on a cogent interpretation of their significant negotiating power over EU consumers. Several practices misleading consumers clarify the above understanding using the tools of behavioural economics. The banking sector needs stronger competition intervention in the service market of general economic interest to consumers.

Keywords: fair competition law, SEPA rules, terms and conditions of contracts, Article 102, Unfair Terms Directive

Suggested Citation

Chirita, Anca D., Cross Border Service Payments under EU Fair Competition and SEPA Rules (August 15, 2012). European Competition Journal, Vol. 8, No. 2, pp. 403-428, 2012. Available at SSRN: https://ssrn.com/abstract=2150245

Anca D. Chirita (Contact Author)

Durham University, Durham Law School ( email )

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The Palatine Centre
Durham, County Durham DH1 3LE
United Kingdom
00441913342860 (Phone)
0044191 33 42801 (Fax)

HOME PAGE: http://www.dur.ac.uk/law/staff/?id=9664

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