ARTICLE
3 October 2022

FRB Governor Bowman Speaks On Banking Competition

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
On September 28, Federal Reserve Board ("FRB") Governor Michelle Bowman spoke to the Community Banking Research Conference regarding the landscape for banking competition.
United States Finance and Banking

On September 28, Federal Reserve Board ("FRB") Governor Michelle Bowman spoke to the Community Banking Research Conference regarding the landscape for banking competition. Governor Bowman noted, as many have, that it is past time to update the bank merger framework, which was last updated in 1995. Governor Bowman said that in light of banking industry changes, "we need to change how we think about competition for banking products and services and modernize our approach to competitive analysis that promotes a healthy banking and financial system, supports consumer choice, and creates the right incentives for continued innovation."

Governor Bowman pointed out that the current guidelines for banking markets continue to be local banking markets, and define a market with a Herfindahl-Hirschman index ("HHI") of 1,800 or higher as concentrated, but Department of Justice ("DOJ") guidelines for horizontal mergers in other industries draw that line at the 2.500 level. Governor Bowman suggested that it might be time to revisit the stricter levels for the banking industry. She also noted that the "cluster" of banking products defined in United States v. Philadelphia National Bank, 374 U.S. 321 (1963) faces increasing competition in the form of community-based credit unions, on-line banks, and non-bank finance companies.

In light of those competitive forces that aren't accounted for under the current merger framework, Governor Bowman had three recommendations to include as regulators work to modernize their framework for analyzing bank mergers: (1) include credit unions in all competitive analyses in a more systemic way; (2) factor in deposits at digital banks; and (3) consider nonbank financial firms in all competitive analyses.

Governor Bowman, a former banking commissioner in Kansas, noted that the current bank merger framework seems to particularly disadvantage community banks, and hopes that as the agencies and DOJ take a closer look at the framework, these considerations are considered.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More