TAILIEUCHUNG - AN INCREASING ROLE FOR COMPETITION IN THE REGULATION OF BANKS

In terms of type of instrument, financial credit dominates, followed at some distance by commercial credit (financing purchases or the provision of services). This latter type of finance has come to account for a smaller share of credit transactions involving companies. Around 10% are leasing operations, with other items (fixed income, factoring and documentary credit) representing only a small share. In terms of the currencies used, the majority of the loans are denominated in pesetas (or euros). The maturity structure is fairly balanced. In general, a shift may be observed from shorter terms to longer ones over the. | INTERNATIONAL COMPETITION NETWORK ANTITRUST ENFORCEMENT IN REGULATED SECTORS SUBGROUP 1 AN INCREASING ROLE FOR COMPETITION IN THE REGULATION OF BANKS BONN JUNE 2005 This Report has been drafted by Darryl Biggar Australian Competition and Consumer Commission ACCC and Alberto Heimler Italian Antitrust Authority and co-chair of subgroup 1 of the AERS Working Group . The competition authorities of Brazil Hungary Indonesia Mexico South Africa and South Korea provided very useful inputs. Comments and suggestions were received from ICN members and from the following individuals Ginevra Bruzzone Assonime Frédéric Jenny Professor of economics at ESSEC and co-chair of subgroup 1 of the AERS Working Group Paul Wachtel New York University and in particular Massimo Marchesi. The ICN AERS Working Group subgroup 1 thanks very much those that contributed. I. INTRODUCTION 1. Banking regulation originates from microeconomic concerns over the ability of bank creditors depositors to monitor the risks originating on the lending side and from micro and macroeconomic concerns over the stability of the banking system in the case of a bank crisis. In addition to statutory and administrative regulatory provisions the banking sector has been subject to widespread informal regulation . the government s use of its discretion outside formalized legislation to influence banking sector outcomes for example to bail out insolvent banks decide on bank mergers or maintain significant State ownership . 2. Banks in one form or another have been subject to the following non exhaustive list of regulatory provisions 1 restrictions on branching and new entry 2 restrictions on pricing interest rate controls and other controls on prices or fees 3 line-of-business restrictions and regulations on ownership linkages among financial institutions 4 restrictions on the portfolio of assets that banks can hold such as requirements to hold certain types of securities or requirements and or not to hold other .

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