Forebyggende virksomhed i forsikringsbranchen: Udfordringer og muligheder ved en ændring af Lov om Finansiel Virksomhed § 24

Abstrakt

In the Danish insurance industry, several insurance companies are opting for preventive solutions and products, rather than compensation. Therefore, there is a widespread desire among insurance companies to expand the core business of the insurance industry through a relaxation of the rules and restrictions to which insurance companies are subject to. The insurance companies' ability to conduct and develop other business outside their core area is overlooked by the Danish Financial Supervisory Authority, which bases its practice on the Financial Business Act and in particular section 24 of the Act. However, this law is being considered by the government for an amendment to Bill no. L 118, which may have an impact on how the insurance companies can run another business either ancillary or in-house. The restrictive rules and restrictions that the Danish insurance companies are subject to by the Danish Financial Business Act are based on EU law through the Solvency II Directive and the Solvency II Regulation and forces the insurance companies to enter into agreements with supplementary companies in order to offer more preventive products to their policyholders. This leads to an analysis of the competition law considerations in the Treaty on the Functioning of the European Union Articles 101 and 102 on the possibility for insurers to conduct preventive activities outside their core area and what incentives underlie the insurers' desire for a relaxation of the rules in the Financial Business Act. The economic analysis highlights the incentives for a relaxation and how insurance companies can integrate the supplementary agreements with companies and operate them as part of the insurance company or develop them themselves through ancillary companies. Based on the financial incentives and the competition law considerations, we find that the possibility of expanding the insurance companies' business can be done in purely legal terms by splitting the insurance business into non-life insurance and other insurances. This way, the economic incentives and gains are achieved and the considerations in the Treaty on the Functioning of the European Union Article 101 and 102, as well as the Solvency II Directive and the Regulation are complied with