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Regulatory Governance of Credit Rating Agencies in the EU: The Perils of Pursuing the Holy Grail of Rating Accuracy

Published online by Cambridge University Press:  20 January 2017

Iris H-Y Chiu*
Affiliation:
Faculty of Laws, University College London

Abstract

This paper argues that the EU Regulation of credit rating agencies is concurrently pursuing two objectives that conflict with and would undermine each other. One is the objective of enhancing rating accuracy, and the other is the objective of restoring market discipline in the wholesale investment markets for credit ratings as information goods. The Regulation places more emphasis on regulating for rating accuracy which has the effect of instituting a form of product regulation for credit ratings, raising the public interest profile of credit ratings. This paper argues that this is undesirable and is contrary to policy-makers’ endeavours to enhance market discipline for rating quality and the private accountability of credit rating agencies. EU policy-makers would eventually need to confront the underlying conflicting objectives in the Regulation so that a normatively coherent and consistent regulatory regime can be designed and implemented.

Type
Articles
Copyright
Copyright © Cambridge University Press 2013

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References

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5 The disadvantages of which are extensively discussed in Fabian Amtenbrink and Jakob De Haan, “Regulating Credit Rating Agencies in the European Union: A Critical First Assessment of Regulation 1060/2009 on Credit Rating Agencies”, 46 Common Market Law Review (2009), p. 1915 et sqq.

6 European Parliament legislative resolution of 16 January 2013 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1060/2009 on credit rating agencies (COM(2011)0747 – C7-0420/2011 – 2011/0361(COD)), hereinafter “CRA Amendment Regulation 2013”.

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115 Also generally the ‘law matters’ thesis supports civil enforcement as key to strong securities markets. Rafael La Porta, Florencio Lopez–de–Silanes, Andrei Shleifer and Robert W. Vishny, “Legal Determinants of External Finance”, 52 Journal of Finance (1997), p. 1131 et sqq; Rafael La Porta, Florencio Lopez–de–Silanes, Andrei Shleifer, “What Works in Securities Laws” 71 Journal of Finance (2006), p. 1 et sqq; Bernard S Black, “The Legal and Industrial Preconditions for Strong Stock Markets” (Stanford Law School Working Paper No. 179, 2001).

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