Open Markets in the Era of Fintech and Big Tech: Lessons for the Institutional Design of Competition Policy

final version Journal of Antitrust Enforcement 12 (2024), 148-188, under the title 'Competition enforcement versus regulation as market-opening tools: an application to banking and payment systems'

41 Pages Posted: 27 Sep 2022 Last revised: 11 Mar 2024

See all articles by Jens-Uwe Franck

Jens-Uwe Franck

University of Mannheim - Department of Law

Date Written: September 1, 2022

Abstract

This paper analyses three routes for the formation of market-opening rules: competition enforcement, legislation, and UK-style market investigation. Using case studies on facilitating market access for innovative payment services, we identify essential features and limitations of the different modes of rulemaking. The interrelation between them is explored, revealing the merits of having them available in parallel.

Keywords: competition policy, institutional design, competition law, regulation, market investigation, open banking, fintech, big tech, payment services

JEL Classification: K21

Suggested Citation

Franck, Jens-Uwe, Open Markets in the Era of Fintech and Big Tech: Lessons for the Institutional Design of Competition Policy (September 1, 2022). final version Journal of Antitrust Enforcement 12 (2024), 148-188, under the title 'Competition enforcement versus regulation as market-opening tools: an application to banking and payment systems', Available at SSRN: https://ssrn.com/abstract=4218097 or http://dx.doi.org/10.2139/ssrn.4218097

Jens-Uwe Franck (Contact Author)

University of Mannheim - Department of Law ( email )

Schloss Westflügel
Mannheim, 68131
Germany

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