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Enforcing Fintech Competition: Some Reflections on Institutional Design

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  • Jens-Uwe Franck

Abstract

This paper focuses on institutional design aspects of the enforcement of competition law and other procompetitive regulation in fintech markets. Those interventions may prove necessary because the market entry of technology-enabled innovation may depend on accessing other (competing) market operators’ data and facilities or the enabling of data portability and interoperability of complementing financial services. Basic choices of allocating enforcement powers are identified. Five institutional design topics are discussed: bureaucratic enforcement styles and strategies; efficient use of administrative resources; motivation of staff; treatment of conflicting regulatory objectives; and legitimising elements in competition procedures.

Suggested Citation

  • Jens-Uwe Franck, 2022. "Enforcing Fintech Competition: Some Reflections on Institutional Design," CRC TR 224 Discussion Paper Series crctr224_2022_375, University of Bonn and University of Mannheim, Germany.
    • Handle: RePEc:bon:boncrc:crctr224_2022_375
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    File URL: https://www.crctr224.de/research/discussion-papers/archive/dp375
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    More about this item

    Keywords

    Fintech; Competition Enforcement; Enforcing Regulation; Institutional Design; Enforcement Style; Regulatory Capture;
    All these keywords.

    JEL classification:

    • K20 - Law and Economics - - Regulation and Business Law - - - General
    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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