Skip to main content
Log in

Regulation as a barrier to electronic commerce in Europe: the case of the European fund management industry

  • Article
  • Published:
European Journal of Information Systems

Abstract

This paper presents results of exploratory research into the question of whether the distribution of investment funds via the Internet in Europe is being deterred by regulatory barriers. The paper examines the theoretical underpinnings behind financial services regulation and then asks if current regulation in place within the European Union and its Member States is consistent with this theory or indeed if regulation is acting as a barrier. Using both primary data and secondary sources, this exploratory study argues that European fund management firms face different regulatory obstacles, often the result of protectionism and the inconsistent application of financial regulations, in different EU countries. As a result, they are unable to reap the benefits that electronic commerce should bring in an industry that appears highly suited for it.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Price excludes VAT (USA)
Tax calculation will be finalised during checkout.

Instant access to the full article PDF.

Figure 1

Similar content being viewed by others

References

  • Allen L (1997) Capital Markets and Institutions. John Wiley, Chichester.

    Google Scholar 

  • Brown D (2001) The challenges of e-markets. Paper presented at theSecond Annual Conference on E-Regulation of Financial Services. Westminster and City Programmes, February 2001, Claridges's, London.

    Google Scholar 

  • Carmichael J (2000) Financial regulation in the twenty-first century. Paper presented at thePACAP-FMA Conference Melbourne, Australia, July 2000.

    Google Scholar 

  • Corkery J (1997) International experience with institutional development and administrative reform: some pointers for success. ECDPM Working Paper No. 15. ECDPM, Maastricht.

    Google Scholar 

  • Davies L (2001) Legal issues of the World Wide Web. In Regulation of the Internet (Hafke M, Ed.), pp 98–99, City & Financial Publishing, Old Woking Surrey.

  • European Commission (1998) Information society: transparency directive adopted. http://europa.eu.int/comm/internal_market/en/ecommerce/transp.htm,date accessed 13 July 2004.

  • FEFSI (European Federation of Investment Funds and Companies) (2001) Report on the Use of the Internet. FEFSI, Brussels, October 2001, http://www.fefsi.org/unrestricted_Area/Standards/Report_Use_Internet.pdf,date accessed 30 July 2004.

  • FEFSI (European Federation of Investment Funds and Companies) (2004) The State of the European Investment Funds Industry. FEFSI, Brussels, March 2004, http://www.fefsi.org/unrestricted_Area/statistics/currstat/PPoint_Presentation_March_04.pdf,date accessed 30 July 2004.

  • Fischer R (1999) Presentation at the FEFSI General Meeting, Brussels, 23 September 1999.

  • Folger M (2001) Conduct of business and e-regulation. Paper presented at theSecond Annual Conference on E-Regulation of Financial Services Westminster and City Programmes, February 2001, Claridges's, London.

    Google Scholar 

  • Franks J and Mayer C (2001) Risks and Regulation in European Asset Management: is there a Role for Capital Requirements?. Oxford Economic Research Associates, London.

    Google Scholar 

  • Franks J, Mayer C and Correia L (2001) Mastering Investment. FT Prentice-Hall, London.

    Google Scholar 

  • Hayek FA (1978) New Studies in Philosophy, Politics, Economics and the History of Ideas. University of Chicago Press, Chicago.

    Book  Google Scholar 

  • IMA (Investment Management Association) (2003) Investment fund statistics, December 2003. http://www.investmentfunds.org.uk/press/2004/stats/stats0104.htm,date accessed 13 July 2004.

  • Jones T and Diez Guardia N (2000) Task Force Report on e-Commerce Regulation in Financial Services. The Centre for European Policy Studies, Brussels.

    Google Scholar 

  • Kay J (1999) Why regulate securities?. http://www.johnkay.com/regulation/186,date accessed 13 July 2004.

  • Lamfalussy A (2001) Final report of the committee of wise men on the regulation of European securities markets. European Commission, Brussels.

    Google Scholar 

  • Leinweber D and Madhavan A (2001) Three hundred years of stock manipulations – from the coffee house to the World Wide Web. Journal of Investing. Summer 10(2), 7–16.

    Article  Google Scholar 

  • Linklaters & Alliance (2002) European developments briefing – e-commerce and e-money, 24 January 2002.

  • Llewellyn D (1999) The Economic Rationale for Financial Regulation. Financial Services Authority, UK.

    Google Scholar 

  • Niemeyer J (2001) An economic analysis of securities market regulation and supervision: where to go after the Lamfalussy Report? Stockholm School of Economics/EFI Working Paper Series in Economics and Finance, Stockholm.

  • Porter M (1980) Competitive Strategy. The Free Press, New York.

    Google Scholar 

  • Pricewaterhousecoopers (2001) Cross-border Marketing of ‘Harmonised’ UCITS in Europe. PWC, Luxembourg.

  • Pricewaterhousecoopers (2004) Luxembourg: A Prime Location for Doing Business. PWC, Luxembourg.

  • Segal J (2000) Speech to the ISDA/AFMA Conference, 19 October 2000.

  • Smith A (1776) An Inquiry into the Nature and Causes of the Wealth of Nations. Available at http://www.adamsmith.org.uk,date accessed 13 July 2004.

  • Sunstein CR (1997) Free Markets and Social Justice. Oxford University Press, Oxford.

    Google Scholar 

  • Wilks S (1996) Regulatory compliance and capitalist diversity in Europe. Journal of European Public Policy 3, 536.

    Article  Google Scholar 

  • Zwass V (1998) Foundations of Information Systems. Irwin/McGraw-Hill, Boston.

    Google Scholar 

Download references

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to G Harindranath.

Appendix

Appendix

Relevant European regulator's websites

Rights and permissions

Reprints and permissions

About this article

Cite this article

Fisher, J., Harindranath, G. Regulation as a barrier to electronic commerce in Europe: the case of the European fund management industry. Eur J Inf Syst 13, 260–272 (2004). https://doi.org/10.1057/palgrave.ejis.3000510

Download citation

  • Received:

  • Revised:

  • Accepted:

  • Published:

  • Issue Date:

  • DOI: https://doi.org/10.1057/palgrave.ejis.3000510

Keywords

Navigation