Economic Regulation and Competition

by Basedow, Jurgen

• ISBN13: 9789041119681
• ISBN10: 904111968X
• Format: Hardcover
• Copyright: 2002-12-01
• Publisher: Kluwer Law Intl

Summary

In Japan and most of the continental European economies, we are presently observing a shift from what has been labeled a 'corporatist' system to more market-oriented structures. Regulatory competition caused by the globalization of markets is increasingly placing the traditional legal institutions of these jurisdictions under severe strain. This is especially true For The services markets. Of these, The markets for financial services and telecommunications services have to adapt most urgently. These adaptations are already underway to varying extents and degrees, made possible by a mixture of de-regulation and re-regulation. in this volume, scholars from Germany, Austria, Switzerland, and Japan as well as high-ranking practitioners from various institutions lay out the theoretical foundations and means for these developments. Through critical analysis, The various contributions show what has been reached so far in Europe and Japan and what remains to be achieved in the future.

Table of Contents

Contributors	xi
Economic Regulation in Market Economies	1	(24)
Jurgen Basedow
Part 1: Regulation of Banking Services	25	(84)
Regulation of Banking Services in the European Union: A Comparative View	27	(48)
Johannes Kondgen
Regulation of Banking Services: The Japanese Perspective	75	(22)
Takashi Kubota
The Regulation of Banking Services in Germany	97	(12)
Dietrich Schilling
Part 2: Regulation of Exchange and Investment Services	109	(56)
New Challenges for Stock Exchanges, Investment Firms, and Other Market Participants	111	(40)
Susanne Kalss
Regulation of Exchanges and Investment Services: A Japanese Perspective	151	(14)
Hideki Kanda
Part 3: Regulation of Insurance Services	165	(52)
Regulation of Insurance Services: The European Perspective	167	(22)
Wulf-Henning Roth
Regulation of Insurance Services: The Japanese Perspective	189	(22)
Koji Kinoshita
The Role of the IAIS in Insurance Regulation	211	(6)
Knut Hohlfeld
Part 4: Regulation of Telecommunications Services	217	(52)
European Telecommunications Law: Unaffected by Globalization?	219	(34)
Christoph Engel
Regulating Telecommunications Services: Globalization in View of Japan	253	(12)
Yasuo Hasebe
Statement on the Regulation of Telecommuncations Services	265	(4)
Klaus-Dieter Scheurle
Part 5: Aspects of Private International Law	269	(34)
Conflicts of Law in the Financial Services Markets	271	(16)
Anton K. Schnyder
Deregulation in the Field of Securities Law and Private International Law from a Japanese Perspective	287	(16)
Toshiyuki Kono
Concluding Remarks and Summary of Discussions	303	(24)
Transsectoral Issues of Regulation -- Concluding Remarks on Banking, Capital Market, Insurance, and Telecommunications Regulation	305	(16)
Klaus J. Hopt
Summary of Discussions	321	(6)
Harald Baum
Index	327