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An introduction to the European Post-Trade Market - Clearstream

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5 Conclusion<br />

THE EUROPEAN POST-TRADE MARKET<br />

Conclusion<br />

Over <strong>the</strong> last decades, <strong>the</strong> <strong>European</strong> post-trade industry has significantly enhanced its offering, reduced<br />

risks, and achieved major efficiency improvements. Competition, innovation, and consolidation were<br />

<strong>the</strong> main drivers for this development.<br />

Regulation should support <strong>the</strong>se drivers. It should aim <strong>to</strong> improve <strong>the</strong> industry’s capability <strong>to</strong> offer<br />

innovative, safe, and efficient solutions <strong>to</strong> its cus<strong>to</strong>mers. Comprehensive cost-benefit analyses are<br />

needed <strong>to</strong> verify whe<strong>the</strong>r proposed regulation meets this criterion.<br />

As advocated by <strong>the</strong> Giovannini Group, regulation aiming at improving <strong>the</strong> industry’s innovativeness,<br />

efficiency, and safety in a cross-border context, is likely <strong>to</strong> be most effective if a joint effort by governments,<br />

regula<strong>to</strong>rs, and market participants is taken and conducted in a staged approach. First, governments,<br />

regula<strong>to</strong>rs, and market participants should co-operate <strong>to</strong> harmonise legal and tax regimes<br />

across Europe, and <strong>to</strong> define common standards and formats for <strong>the</strong> transmission of data.<br />

Thereafter, <strong>the</strong> implementation of interoperability and open access between all kinds of capital-market<br />

service providers should be addressed. Realising technical interoperability and IT-supported open<br />

access, before legal and tax regimes have been harmonised and common standards defined, would<br />

imply excessive implementation costs for cus<strong>to</strong>mers and providers of post-trade services, with respective<br />

consequences for price levels.<br />

The uncertainty surrounding upcoming regulation should be removed as fast as possible as it introduces<br />

significant regula<strong>to</strong>ry risk, resulting in a significant delay <strong>to</strong> investments, research and development<br />

efforts, and <strong>the</strong> consolidation process of <strong>the</strong> industry. The post-trade industry is mostly a<br />

scale business; hence, <strong>to</strong> exploit <strong>the</strong>se economies of scale, fur<strong>the</strong>r cross-border consolidation of <strong>the</strong><br />

post-trade industry would be beneficial.<br />

Finally, adjacent services <strong>to</strong> <strong>the</strong> post-trade functions that are covered adequately by existing regulation,<br />

such as prudential banking regulation for ancillary banking services, do not need double regulation.<br />

31

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