The Issues and Challenges of Competition Policy in Direct Financial Markets
Keywords:
competition policy, antitrust policy, direct financial markets, collusionAbstract
This article offers an analysis of the specific challenges that direct financial markets, such as money markets, markets for derivatives, currencies and bonds, pose to competition policy. These markets often fall outside the scope of tools developed in the context of traditional competition analysis, particularly those derived from theories based on the Structure-Conduct-Performance (SCP) paradigm. Drawing on a comprehensive review of the theoretical and empirical literature, we examine several fundamental issues related to competition policy in direct financial markets. First, we explore the question of market power and concentration in this sector from the theory point of view. Second, we discuss specific types of anticompetitive behaviour, such as collusion on benchmark prices, the potentially anti-competitive effects of information-sharing mechanisms and the growing role of algorithms and artificial intelligence (AI). We highlight the need to adapt the analytical frameworks and tools of competition policy in order to ensure effective competition, as well as legal certainty for financial market participants, both of which are essential to the proper functioning of these markets in a rapidly evolving environment.
References
Monnier-Schlumberger, C., & Troege, M. (2026). The issues and challenges of competition policy in direct financial markets. World Competition, *49*(1), 27–44.
OECD. (2025). Balancing prudential regulation and competition considerations in banking. OECD Publishing.
Motta, M. (2004). Competition policy: Theory and practice. Cambridge University Press.
Fumagalli, C., Motta, M., & Calcagno, C. (2018). Exclusionary practices: The economics of monopolisation and abuse of dominance. Cambridge University Press.
Vives, X. (2016). Competition and stability in banking: The role of regulation and competition policy. Princeton University Press.
Papaconstantinou, G. A. (2024). Financial market infrastructure and economic integration: A WTO, FTAs, and competition law analysis. Hart Publishing.
Ehrentraud, J., Mure, S., Noble, E., & Zamil, R. (2024). Safeguarding the financial system's spare tyre: Regulating non-bank retail lenders in the digital era (FSI Insights No. 56). Bank for International Settlements.
European Commission. (2011). Case No. COMP/M.6166: Deutsche Börse/NYSE Euronext.
Autorité de la concurrence. (2024). Competition policy in direct financial markets. Workshop Report.
Alvisi, M. (2026). Antitrust in the financial sector [Course materials]. University of Bologna.
Hohl, S., et al. (2018). (Cited in OECD, 2025).
Castro Carvalho, et al. (2017). (Cited in OECD, 2025).
BCBS. (2019). (Cited in OECD, 2025).
World Bank & BCBS. (2021). (Cited in OECD, 2025).
ACCC. (2023). (Cited in OECD, 2025).
OECD. (2017). Co-operation between competition agencies and regulators in the financial sector. OECD Publishing.
CGAP. (2026). Competition in financial services: Three country paths, one bigger question. CGAP Blog.
Dobbs, J., & Pakenham, B. (2018). Pricing of market data. European Commission.
Financial Services. (2025). Consultation on MiFIR review package.
FCA. (2025). Accessing and using wholesale data – Call for Input. Financial Conduct Authority.


