marktloophoudelijk

Marktloophoudelijk is a Dutch neologism used in discussions about market behavior that exploits persistent regulatory gaps. The term combines markt (market) with houdelijk (durable or tenable), signaling a pattern in which loopholes in rules, oversight, or jurisdiction endure and shape market outcomes. It is not a formally defined concept in law or economics, but rather a descriptive label that appears in policy debates, academic articles, and media discussions.

Definition and scope. Marktloophoudelijk refers to the tendency of market actors to identify, exploit, and profit from loopholes that are not quickly closed by regulators. It emphasizes durability: once a gap is discovered, it can persist across regulatory changes and across actors, influencing competition, pricing, and risk. The concept is applicable beyond finance to areas such as taxation, consumer protection, competition law, and cross-border trade.

Mechanisms. Common mechanisms include regulatory gaps or ambiguities that allow circumvention without clear illegality, jurisdiction shopping that exploits differing national rules, and product or contract design that operates within the letter but not the spirit of regulations. Market design features, such as incentives, information asymmetries, and timing, can reinforce these effects. In some cases, marktloophoudelijk highlights the balance between innovation and regulation, where new models outpace existing rules.

Implications. Policymakers advocate for dynamic, horizon-scanning regulation, international cooperation, and adaptive enforcement to reduce durable loopholes. Critics warn against overreach or stifling innovation when addressing perceived loopholes.

See also. Regulatory arbitrage, regulatory gaps, market design, dynamic regulation.