The comparison of sanctions in the law of the capital market and the law of free competition

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Κατεύθυνση Εμπορικό Δίκαιο
Library of the School of Law
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Αλεξάνδρα Μικρουλέα, Αναπλήρωτρια Καθηγήτρια, Τμήμα Β' Ιδιωτικού Δικαίου, ΕΚΠΑ
Νικόλαος Βερβεσός, Επίκουρος Καθηγητής, Τμήμα Β' Ιδιωτικού Δικαίου, ΕΚΠΑ
Χριστίνα Λιβαδά, Επίκουρη Καθηγήτρια, Τμήμα Β' Ιδιωτικού Δικαίου, ΕΚΠΑ
Original Title:
Η σύγκριση των κυρώσεων στο δίκαιο της κεφαλαιαγοράς και στο δίκαιο του ελευθέρου ανταγωνισμού
Translated title:
The comparison of sanctions in the law of the capital market and the law of free competition
The subject of this study is to compare sanctions of capital market law and free competition. In capital market in recent years, the liberalization processes of the financial sector and in particular of capital markets, have embraced the need for a new of different type and scope extended 'regulation'.
On the basis of the above, grids of sanctions and provisions were established for the protection of the capital market at both EU and national level. On the other hand, in free competition law, infringements concern a wide range of collaborations and practices which are specified through the specialization of those contained in provisions 101 and 102 TFEU, and 1 and 2 respectively of Greek law 3959/2011 indefinite legal concepts.
The penalties imposed by capital market law and free competition constitute a reference point in the context of protection against degrading practices. The need for legislation and confrontation of general categories of behaviors i.e. on the one hand capital markets distortions and on the other hand, generally, restricted of competition behaviors derives from the range of the protected by the two legal branches, legal assets namely integrity and stability of the capital market and also, the orderly and undistorted functioning of free competition.
The comparison at issue initially refers to the consideration of the relationship between the rules of free competition and the regulatory framework governing legal relation developed in the context of capital markets. Furthermore, this study seeks to approach this relationship between these two branches of law from the point of view of sanctions by making use of case-law and the teleological correlation of the provisions. The methodological issue of the present study is whether the systems of ratifications of these two branches of law differ or converge and are therefore subject to a legislative 'compromise'
Main subject category:
Law and Legislation
Other subject categories:
Commercial Law
Law of Capital Markets, Law of Free Competition, Comparison, Sanctions
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