上海八家商业银行提前还贷协议的竞争法分析

据报道 ,今年 4月上旬 ,上海地区的工商、农业、建设、交通等 8家商业银行针对上海市个人住房贷款提前还贷行为达成初步意向 ,将对提前还贷行为收取一定比例的“违约金”,以弥补提前还贷带来的利益损失和约束贷款的提前还贷行为。该行为是合法还是违法 ,一时众说纷纭。文章从竞争法的角度对该行为加以评说 ,并提出相应的法律对策。

Analysis of Competition Law of "Advanced Loan Payback"Agreement of eight business banks in Shanghai

As the report, on the first days of April, the eight banks in Shanghai which include the Industrial and Commercial bank, Agricultural bank, Construction bank, and Communication bank, took an unofficial agreement to the action of ahead repay the housing debt in Shanghai, according to it the banks will collect some " penal sum" in proportion to cover the loss in the interest and also aim to restrict this kind of action. But the agreement is legal or illegal? The opinions are divided widely. The author will take the comment from the competition aspect and present the countermeasure to it in this article.