Financial regulation and economic integration : central counterparties in WTO, economic integration agreements, and EU competition law

Abstract

This thesis investigates the interplay between financial regulation and economic integration in the context of financial market infrastructure. This inquiry is driven by the prominence of both regulatory frameworks and economic integration platforms in determining the degree of liberalization for financial services sectors. In the aftermath of the 2008 financial crisis, clearinghouses have emerged as essential financial institutions for the financial system as the result of regulatory overhaul. This thesis examines their role within three major economic integration settings, namely, the WTO, Economic Integration Agreements and EU Competition law, and explores whether a more harmonious relationship between financial regulation and economic integration is feasible and, if so, how it can be achieved. Given the existing body of literature falls short of providing a critical eye on the relationship between the regulation of clearinghouses and the abovementioned economic integration models, this thesis aims to fill this lacuna. The overarching question put forward by this study seeks to identify the parameters pertinent to promoting or discouraging the liberalization of financial market infrastructure within the different economic integration settings covered by the analytical framework of the thesis. Against this backdrop, the thesis underscores the existence of both structural barriers to trade (e.g. in the form of inadequate regulatory transparency) and trade-facilitating tools (e.g. the use of competition law and policy in the EU) that can impede and foster the further integration of financial market infrastructure, respectively. Ultimately, the thesis extrapolates policy recommendations in respect of utilizing a number of tools that can contribute to further liberalization of the financial market infrastructure without jeopardizing the financial system’s soundness and integrity should States decide to pursue this objective.