Abstract

The interrelation between insolvency law and competition law is particularly evident in the banking crises regulation. Following an overview on such sector-specific regulation, the paper retraces the genesis and the rationales of the Bank Recovery and Resolution Directive (Brrd), enacted in the wake of the financial crisis of 2008. The impact of the Commission’s decision Tercas, annulled by the General Court, on the Italian system is then analysed, with a particular focus on the intervention of statutory guarantees of deposits. After having introduced the essentials of the Commission’s Liquidation Scheme for small banks, the paper tries to figure out how the Tercas judgement will impact on the banking crisis and how will the new setting be reconciled with competition law. Finally, the paper investigates whether the current system is well-equipped to face the unprecedented problems that the post-CoVid recession phase will pose. Some preliminary thoughts conclude the analysis.