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Bank mergers and acquisitions are specific. Consequently, they are regulated by their own rules. It is essential to determine these specificities and the principles justifying their being taken into account by the law. Provisions specific to credit institutions protect the stability of the banking system and prevent systemic risk. Nevertheless, excessive or inappropriate regulation is harmful. I would like to demonstrate here that the existence of banking specificities is only consistent when it comes to protecting the banking and financial system. Logically, when the protection of the latter is no longer concerned, the “common” merger law should apply. This will be the case, in particular, in competition law or labor law.

 

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Law firm of Maître Grégory DAMY, lawyer at the bar of Nice: Book on banking concentration.