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Updated: July 23, 2012 (Initial publication: July 8, 2012)

Breaking news

In Estonia, State owns the company Levira Ltd., which operates telecommunications. Meanwhile, the Minister for Economic Affairs which assigns and manages the radio frequencies, numberings and ensures the functioning of the universal service. But a principle of regulation prohibits the cumulation by the state of the quality of regulator and the quality of operator. This is why the European Commission opened an infringement procedure to the right of the European Union against the Estonia 1 July 2012 and asked by a reasoned opinion, to separate clearly its two activities, to ensure the required impartiality attached to the exercise of the powers of regulation.

Updated: July 16, 2012 (Initial publication: July 12, 2012)

Breaking news

The European Commission, following the example of the Obama administration understands the regulation of financial markets through the protection of consumers of financial instruments. It is on this basis that should be analyzing the proposed "package" which the Commission presented the draft on July 3, 2012. The Commission manifests its particular concern for investment details and information of investors. Based on the observation that individuals do not to use the markets only in an intermediated way, the project aims the " organismes de placement collectif en valeurs mobilières " - OPVCM (undertakings for collective investment in transferable securities ). Finally, noting that for the consumers, the insurance product and the product purely financial, is similar the Commission proposes to revise the regulation of the sale of insurance products and insurance mediation.

Updated: July 9, 2012 (Initial publication: June 29, 2012)

Breaking news

In the field of the competition law, due to the lack of ex-ante regulation device, the European Commission sued Microsoft for abuse of dominant position, in that the company refused to disclose to its competitors certain information on interoperability and to allow the use for the development of competing products. The decision of sanction of the Commission of 24 March 2004 had established the abuse of dominant position by such behaviour and had chosen as a sanction the appointment of an independent trustee that can access the source code and ensure access to competitors. The Commission, by decision of 12 July 2006, accompanied the operative part of the decision by a penalty payment. The Court of first instance of the European Union, seized by Microsoft for annulment, confirms the operative part of the decision, especially in view of the innovation criterion, but decreases the amount of the penalty payment.

Updated: July 9, 2012 (Initial publication: July 3, 2012)

Breaking news

After an assessment critical rating agencies, on their role in the crisis, on the concentrated nature of the market of the notation, the report published on 18 June 2012 by the French Senate proposes a series of action to "detoxify" the system. It indicates with the same voluntarism that there is no fatality, it proposes that central banks resumed their role more firmly, that the States publish a call for tenders to encourage the emergence of a new European private actor to which the methodology will be imposed, we diversified the notes, we disciplined " ex-post" agencies by the game of responsibility, that we loosened the power of the agencies on the democratic entities, including States, that can prevent conflicts of interest.

Updated: June 18, 2012 (Initial publication: June 9, 2012)

Breaking news

In Luxembourg, a regulator is especially in charge of "cybersecurity". The Cyber Security Board, created by the Act of February 27, 2011, on networks and electronic communications services has been implemented in July 2011. It is chaired by the Ministry of communication and media. On June 4, 2012, this regulator met on 4 June 2012. Based on the law that requires access providers to prevent and manage risks to ensure cyber security, the regulator decided to create a single window to centralize information on the cyber security incidents, information transmitted by the citizens, the regulator then transferring this information to companies for them to take adequate measures to fight the risk against security.

Updated: June 11, 2012 (Initial publication: May 23, 2012)

Doctrine

Les services d'intérêt économique général et le marché intérieur : régimes nationaux et cadre juridique européen

Updated: June 11, 2012 (Initial publication: June 7, 2012)

Breaking news

Set against the backdropt of the recurring waves of financial scandal and crisis, this book examines the struggles of securities enforcements agencies tot police the financial markets. Against allegations of regulatory failures, the author goes "inside the black box of enforcement"". Through interviews and academic researches, he considers the question of enforcement as a distinctly kwonnledge-based-enterprises (with their lawyers, their technological influence, etc.). The findng is the necessary to put the enforcement in the center of the financial marker Regulation.

Austria

Übernahmekommission - 1010 Wien, Seilergasse 8, 3 Tür Tel. : +43 (0) 1 532 28 30-613 Fax:. +43 (0) 1 532 28 30 - 650 uebkom@wienerborse.at

Jan. 22, 2015

Sectorial Analysis

A simple question:  be regulator, is it a profession?

As soon as one asks the question, it should be down. Indeed, the time has passed when the regulator was a natural person. Today, in most cases, the regulator takes the form of a Regulatory Authority, that is to say an entity with or without legal personality, incorporated in the State or professional.

Individuals appear as a member of the Authority, even if it is true that the President of the Regulatory Authority often has a very importan role!footnote-17.

The choice of Commissioners is crucial to the independence and effectiveness of the regulatory authority. It is appropriate that the person has "authority" over the area, must be respected and participates effectively in the collective action of the College.

Let us try to recall the two sets of criteria to determine how one thinks the "good regulator" before taking such case the appointment of Mr. Yann Padova as a new member of the College of the Commission de Régulation de l'Énergie (French Energy Regulatory Commission).

Germany

Bundesanstalt für Finanzdienstleistungsaufsicht - Graurheindorfer Straße 108, 53117 Bonn