Ojo, Marianne (2010): The role of central banks and competition policies in the rescue and recapitalisation of financial institutions during (and in the aftermath of) the Financial Crisis.
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Abstract
Recent years have witnessed a change in focus from considerations of factors which could impede competition, for example over-regulation, to the need to strike a balance between over-regulation and insufficient regulation – in order to provide the right level of safety for consumers (such that they are protected from risky investments). A driving force behind the need for deregulation over the past two decades has been the objective and desire to foster competition. Re-regulation thereafter assumed centre stage in some jurisdictions in response to the need to manage cross sector services' risks more efficiently. Rescue cases involving guarantees (contrasted with restructuring cases) during the recent Financial Crisis, have illustrated the prominent position which the goal of promoting financial stability has assumed over that of the prevention or limitation of possible distortions of competition which may arise when granting State aid.
The importance attached to maintaining and promoting financial stability - as well as the need to facilitate rescue and restructuring measures aimed at preventing systemically relevant financial institutions from failure, demonstrate how far authorities are willing to overlook certain competition policies. However increased government and central bank intervention also simultaneously trigger the usual concerns – which include moral hazard and the danger of serving as long term substitutes for market discipline.
An interesting observation derives from the relationship between State aid grants, competition, and the potential to induce higher risk taking levels. Whilst the need to promote and maintain financial stability is paramount, safeguards need to be implemented and enforced to ensure that measures geared towards the aim of sustaining system stability (measures such as lender of last resort arrangements and State rescues) do not unduly distort competition as well as induce higher risk taking levels. This paper will draw attention to safeguards which have been provided by the Commission where approval is considered for the grant of State aid to financial institutions whose problems are attributable to inefficiencies, poor asset liability management or risky strategies.
Whether the distinction drawn by the Commission – with regards to the preferential grant of recapitalisation packages to fundamentally sound banks (which require less restructuring measures)is justified, will also be considered.
How far central banks and governments should intervene and how far distortions of competition should be permitted ultimately depends on how systemically relevant a financial institution is.
Item Type: | MPRA Paper |
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Original Title: | The role of central banks and competition policies in the rescue and recapitalisation of financial institutions during (and in the aftermath of) the Financial Crisis |
Language: | English |
Keywords: | Competition; central banks; recapitalisation; stability; regulation; financial crises; fundamentally sound financial institutions |
Subjects: | E - Macroeconomics and Monetary Economics > E0 - General > E02 - Institutions and the Macroeconomy K - Law and Economics > K2 - Regulation and Business Law E - Macroeconomics and Monetary Economics > E5 - Monetary Policy, Central Banking, and the Supply of Money and Credit > E58 - Central Banks and Their Policies G - Financial Economics > G1 - General Financial Markets > G18 - Government Policy and Regulation G - Financial Economics > G0 - General > G01 - Financial Crises |
Item ID: | 23651 |
Depositing User: | Dr Marianne Ojo |
Date Deposited: | 06 Jul 2010 17:06 |
Last Modified: | 30 Sep 2019 19:58 |
References: | European Commission, „“State aid NN 44/2008 – Germany Rescue Aid for Hypo Real Estate” <http://ec.europa.eu/competition/state_aid/register/ii/doc/NN-44-2008-WLWL-en-02.10.2008.pdf> European Commission, “Communication from the Commission — The application of State aid rules to measures taken in relation to financial institutions in the context of the current global financial crisis” (2008/C 270/02) European Commission, “Communication from the Commission — The recapitalisation of financial institutions in the current financial crisis: limitation of aid to the minimum necessary and safeguards against undue distortions of competition “ European Commission, Case N 507/08 Financial Support Measures to the banking Industry in the UK (OJ C 290, 13.11.2008, p. 4) European Commission, Commission Decision of 27 October 2008 in Case N 512/08 Support measures for financial institutions in Germany (OJ C 293, 15.11.2008, p. 2) European Commission, „State Aids n° C 15/2009 (ex N 196/2009), N 333/2009 & N 557/2009 – Germany Hypo Real Estate – Extension of Formal Investigation Procedure, and Temporary Find Capital Injections Compatible“ European Commission, Commission Decision of 19 November 2008 in Case N 560/08 Support measures for the credit institutions in Greece European Commission, Commission Decision of 12 November 2008 in Case N 528/08 the Netherlands, Aid to ING Groep N.V. European Commission, Commission Decision of 25 November 2008 in Case NN 68/08 on Latvian State support to JSC Parex Banka. Hannoun H, “The Expanding Role of Central banks Since the crisis: What are the Limits?” June 2010 Bank for International Settlements Publications http://www.bis.org/speeches/sp100622.pdf?noframes=1 Noyer C, “Central Banks in the Financial Crisis” Bank for International Settlements Publications <http://www.bis.org/review/r090710a.pdf> Ojo M, “Liquidity Assistance and the Provision of State Aid to Financial Institutions” (2010) Munich RePEc and SSRN Working Papers Organisation for Economic Cooperation and Development, “Competition and the Financial Crisis” Organisation for Economic Cooperation and Development Publications February 2009 Organisation for Economic Cooperation and Development, “Competition and the Financial Markets: Key Findings” (2009) <http://www.oecd.org/dataoecd/9/22/43067294.pdf> Shearman and Sterling LLP, „UK Government Proposals for Financial Regulatory Reform“ Financial Institutions Advisory and Financial Regulatory Group Publications 7 June 2010 „SoFFin passes resolution on € 1.85 billion recapitalisation for HRE“ 30 April 2010 Hypo Real Estate Publications <http://www.hyporealestate.com/eng/pdf/1004recaptranch_e.pdf> |
URI: | https://mpra.ub.uni-muenchen.de/id/eprint/23651 |