European Court of Justice clarifies circumstances in which financial institutions may exchange credit information without breaching competition law

Abstract

Purpose

The purpose of this paper is to describe how The European Court of Justice's (ECJ) recent judgment in Asnef‐Equifax v. Ausbanc has clarified the circumstances in which financial institutions may exchange information regarding the solvency and creditworthiness of their clients without falling foul of competition law.

Design/methodology/approach

The paper outlines the background to the case, the judgment and provides a comment.

Findings

The judgment shows that in case of any doubt there is no substitute for a rigorous analysis of the affected market in light of the case law and general guidance from the Commission and national competition authorities, before engaging in any potentially controversial activity such as information exchange.

Originality/value

The paper provides insight into how financial institutions may exchange credit information without breaching competition law in the context of the ECJ judgment.

Citation

Houwen, F. (2008), "European Court of Justice clarifies circumstances in which financial institutions may exchange credit information without breaching competition law", Journal of Financial Regulation and Compliance, Vol. 16 No. 1, pp. 108-110. https://doi.org/10.1108/13581980810853253