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Europe

European Banking Authority (EBA)

http://www.eba.europa.eu/
European Banking Authority
One Canada Square (Floor 46), Canary Wharf, London E14 5AA, United Kingdom
+44 (0)207 382 1776 / info@eba.europa.eu

 

Sept. 16, 2015

Events

Symposium of the Journal of Regulation : INTERNET, SPACE OF INTERREGULATION (in French : INTERNET, ESPACE D’INTERRÉGULATION)

Attendance at this conference can be validated under the continuing education of lawyers of Paris Bar.
After the holding of this conference, a French-written book will be published in the Regulations Series, edited by Marie-Anne Frison-Roche, in the French Publisher Dalloz. 
 
Initially the Regulation assumes the consideration of technical objects (telephone, airplane, train, wheat, currency, electricity, etc.). This practical perspective opposes the abstract view of competition law that neutralizes objects by their monetary evaluation and the elaboration of a "fair price" obtained by the meeting of supply and demand in a market.Thus, each technical object has developed specific regulation as in a cottage garden: banking regulation, financial regulation, railway regulation, telecommunications regulation, power regulation, gaming regulation, horse races regulation, and so on. The body of rules and institutions were built, unique to each object, more effective than the behemoth that is the State in charge of all these so different objects and pursuing so many objectives that it was criticized for its inefficiency.
But different technical objects are not isolated from each other. As financial products have long taken the other items as "underlying". More Internet has introduced a novelty that could be radical.
 
Indeed, the Internet allows a circulation seems unhindered benefits that fall most often regulated sectors (financial services, health service, audiovisual services, etc.). Moreover, new objects appear, the "connected objects" whose creation is based on the Internet's ability to set effective relationship hitherto separate sectors, eg telecommunication and health services (the "connected health ).
Therefore, the Internet, which is often presented as a regulatory desert, appears as a jumble of different regulations, which contradict or are deformed by passing in the virtual world and crossing or even clashing with other regulation. So Internet would appear at first glance as a "space of interregulation".
 
The conference of 16 September 2015 dedicates its morning to draw up a diagnostic for measuring the "needs" of the Internet interregulation, so that the afternoon will allow to develop some "solutions" to interregulation. On this occasion, we can measure whether it will adapt traditional regulations because of new technologies and new uses, or more radically rethink sectoral regulations and regulatory law because Internet

Europe

European Securities and Markets Authority (ESMA)

http://www.esma.europa.eu/
ESMA
CS 60747
103, rue de Grenelle
75345 Paris Cedex 07, France
+33 1 58 36 43 21
info@esma.europa.eu
 

May 15, 2014

02. European Union

Regulation of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments

Complete reference : Regulation EU n°600/2014 of the European Parliament and of the Council of 15 Mai 2014 on markets in financial instruments and amendin Regulation EU n°648/2021.

Read the Regulation.

Feb. 26, 2013

05. Court of Justice of the European Union

Decision of 26 February 2013, Åkerberg Fransson

To read the judgment.

April 8, 2015

Doctrine

MIF II : Les nouvelles exigences en matière de protection des investisseurs

United States of America

Department of Financial Services of New York (DFS)

April 16, 2015

Doctrine

La fourniture de données personnelles par le client via Internet, un objet contractuel ?

March 12, 2015

Breaking news

February 25, 2015, the Telecom Regulatory Authority of India - Trai changes for the sixth time its regulation to increase the portability of mobile telephony

The regulation of electronic communications is carried in India by an independent regulator, the Telecom Regulatory Authority of India - Trai..

This regulation aims in particular to develop competition in an important domestic market. For the development of competition, should be encouraged not only increase in consumption, new uses, innovation, but also the competition between suppliers.

For this, the portability of telephone numbers is essential. We find this issue of portability in other sectors, such as financial or energy sectors, but it is in the area of the phone portability turned into right because it is through the number that the person is called, or classified, or recognized

This portability is imposed with difficulty by regulators. The situation in India demonstrates.

The principle of number portability in the mobile phone sector was made by a regulation in 2009 by the Telecommunication Mobile Number Portability Regulations of 23 September 2009, the eighth addressing this issue.

Almost every year, a regulation adds to the previous regulations on this point. Thus, February 25, 2015, the regulator adopted a regulation 4 pages carrying the 6th amendment of the original text.

After the new system adopted by the regulator at the request of the Government who sent a letter to this effect November 23, 2014, as apparatus shown to increase the effectiveness of portability, it is mandatory that from may 3, 2015, any subscriber can change operator while keeping his phone, regardless of his place of residence in the country.

The difficulty comes precisely from the geographical vastness of the country, divided into 22 telecom service areas (called "circles"), the customer physically moving from one to another still having difficulty keeping his number.

Beyond the difficulty of passing the enactment of a principle to the reality of its application, since 6 years apart from each other, here we measure the importance of geography in Regulation.

Regulation can't be thought of the same way in the countries of relatively small size and huge countries as India, China or Brazil.

Jan. 20, 2015

Sectorial Analysis

The integration into economic chains, third way between exclusion of competition or abandon competition: January 15, 2015, the European Commission opened a consultation on the implementation of the device in the new CAP

The original spirit of the Common Agricultural Policy (CAP) was to think of agriculture as a sector unfolding in time, subject to natural hazards, including actors, both farmers and the population that is fed, having interests on which national states shall ensure.

The spirit of the new Common Agricultural Policy is different, even opposite, which explains the length of its gestation. Indeed, competition becomes the principle guarantor of innovation, fair prices for consumers and competitiveness of the European agricultural industry facing global competition, which leads to assist agricultural enterprises, to worry about products quality, away from the subtraction of these products of the principle of competition.

The political agreement was reached in 2013, the basic technical texts were completed in 2013 for the new apparatus be applicable to January 1, 2014, including a Regulation of 17 December 2013 establishing a common organisation of the markets in argricultural products (CMO).

It points out that the agricultural sector is subject to competition law only if the Community legislature didn't stipulate differently!footnote-16. The Regulation almost affirms the opposite principle: "It should be provided that the rules on competition relating to the agreements, decisions and practices referred to in Article 101 TFEU and to abuse of a dominant position apply to the production of, and the trade in, agricultural products, provided that their application does not jeopardise the attainment of the objectives of the CAP.". The Regulation  details: A special approach should be allowed in the case of farmers' or producer organisations or their associations, the objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition or jeopardises the attainment of the objectives of Article 39 TFEU.

On 15 January 2015 the European Commission launches a consultation on the "joint salling of olive oil, beef and veal livestock and arable crops, cases covered by the Regulation.

How the new balance will be between competition and regulation?!footnote-20

It is likely that future guidelines will be the place of expression of this balance.

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