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The principles clearly set out the criteria for deploying regulatory action by first establishing that there has been a significant market failure which is not ‘appropriately addressed by existing regulations and their enforcement and which is unlikely to be mitigated over a reasonable period of time by market forces’.
“ICMA wholly supports the view that regulators should look to other responses to a market problem before resorting to legislative measures”; observed Nick Collier ICMA’s Head of Regulatory Policy at ICMA. “As the only pan-European self-regulatory organisation for the capital markets, ICMA’s experience over a period of more than 30 years has shown that self regulation is often a proven and successful alternative to statutory regulatory intervention to correct market failure”.