The Price of a Dormant Provision: Revisiting Section 49 of the Competition Act

Associate Marina Chernenko is the author of “The Price of a Dormant Provision: Revisiting Section 49 of the Competition Act,” an article published in the July edition of the Banking and Finance Law Review. The article focuses on a section of the Competition Act that prohibits arrangements around interest rates, customer service charges, loans and other matters between federally regulated financial institutions. Marina discusses a variety of reasons why this section, in her view, ought to be “repealed, or at the very least, detailed enforcement guidance should be provided by the Bureau to provide certainty for federal financial institutions.”

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