Innovativa rebeller på betaltjänstmarknaden - En kritisk granskning av de konkurrensrättsliga effekterna av det andra betaltjänstdirektivet och kommande konkurrensrättsliga behov på betaltjänstmarknaden.

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: One of the most important activities in the financial sector is the provision of payment services. A consequence of the implementation of the Revised Payment Service Directive (PSD2), is that several new enterprises have been able to offer innovative payment solutions, e.g., third party providers. This thesis presents the purposes of PSD2 and critically examines the effects in competition they have had. Furthermore, this thesis examines which changes in competition law an upgraded Payment Services Directive could possibly contain set out in the Retail Payment Strategy. In the Retail Payment Strategy, the Commission states that the effects of PSD2 mainly consist of supervision and control in the value chain where some entities are unregulated and unattended. The competition law issues are related to access to data between competitors, as well as abuse of the dominant position of dominant digital platforms. In an upgraded payment services directive, several amendments will be proposed, including Open Finance, aligning the frameworks between PSD2 and the E-Money Directive (EMD2) and the requirement of access to technical infrastructures. The changes in an upgraded payment services directive will be reviewed simultaneously with the ongoing work in competition policy to ensure that it is fit for the digital age. Lastly, this thesis investigates how the Digital Markets Act can affect future competition in the payment market. The proposed ex ante instrument may prevent anti-competitive practices by gatekeepers with a dominant position, which could increase the opportunities for smaller players to enter the payment market. However, the Digital Markets Act may include a risk for foreseeability, which may affect competition negatively. When new rebels innovate payment solutions, their entrance must be subject to supervision and stimulate the competition, which is a challenge for the legal framework.

  HÄR KAN DU HÄMTA UPPSATSEN I FULLTEXT. (följ länken till nästa sida)