Open Markets In The Era Of Fintech And Big Tech: Lessons For The Institutional Design Of Competition Policy

By Jens-Uwe Franck, University of Mannheim – Department of Law.

This paper analyses three routes for the formation of market-opening rules: competition enforcement, legislation, and UK-style market investigation. Using case studies on facilitating market access for innovative payment services, we identify essential features and limitations of the different modes of rulemaking. The interrelation between them is explored, revealing the merits of having them available in parallel.

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