header-logo header-logo

08 February 2007
Issue: 7259 / Categories: Legal News , EU , Banking , Competition
printer mail-detail

Commission condemns banking competition barriers

News

Major competition barriers in the EU’s retail banking sector have been uncovered by the European Commission which now plans to use its competition enforcement powers and launch separate investigations into particular cases.

The Commission found widespread barriers deterring new players from entering the market, and markets remain fragmented along national lines.
Sam Szlezinger, a partner at Denton Wilde Sapte, says that in some member states, sustained high profitability, high market concentration and entry barriers mean that banks may be able to exploit consumers and small firms.
“The Commission is concerned about card payment systems; credit registers; co-operation between banks; and setting of prices and policies,” he adds.

Areas in which enforcement action is being considered include payment card fees—merchant fees and interchange fees vary widely across the EU, indicating low levels of competition; some aspects of co-operation between banks; and product tying, which may infringe competition law if practised by banks holding a dominant position.

Discriminatory rules in payment cards and payments systems markets will also be targeted as will the use of some credit registers which may be used to exclude new entrants to retail banking markets.
Tom Morrison, an associate at Rollits Solicitors, says the Office of Fair Trading has been keeping tabs on the UK banking and consumer credit sectors for some time. 

“From cross-border enforcement of claims under s 75 of the Consumer Credit Act 1974, to excessive banking charges on consumers’ credit card, current and mortgage accounts, the message has been clear: banks need to do more to protect consumers and justify what some see as exaggerated levels of profit.” 

He adds that while the Commission comments on issues such as disproportionately high banking charges for consumers, it focuses more on the inconsistencies in the markets across the member states. 

“One thing is clear,” he adds. “The banks are not in for an easy ride.”

Issue: 7259 / Categories: Legal News , EU , Banking , Competition
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
back-to-top-scroll