UPDATE: SEC Extends Review Of NYSE Amex Stake Sale Until July
18 Maggio 2011 - 9:36PM
Dow Jones News
The Securities and Exchange Commission on Wednesday said it
would extend until July 1 its review of a plan by NYSE Euronext
(NYX) to sell half of its Amex options exchange to a group of Wall
Street firms.
The move adds another 45 days to an already lengthy process for
the deal, struck with seven banks and trading firms in the fall of
2009, and closely watched by rivals.
Extending the review would give authorities more time to
consider the implications of the deal and comments submitted on it,
according to a statement from the SEC. NYSE Euronext submitted the
plan to regulators in mid-March.
"We appreciate the SEC's efforts in reviewing our innovative
proposal and we remain committed to this landmark agreement with
our partners," said a spokesman for NYSE Euronext. "We look forward
to finalizing the deal as soon as possible."
The idea of the deal is to share ownership in the exchange with
some of its biggest users, giving them further incentive to take
their options business to the Amex, acquired by NYSE Euronext in
the fall of 2008 for $260 million.
Under terms of the deal, Goldman Sachs Group Inc. (GS) and
Citadel LLC would each get a nearly 15% stake. Bank of America
Corp.(BAC), Citigroup Inc. (C), TD Ameritrade Holding Corp.(AMTD),
and UBS AG (UBS, UBSN.VX) would each hold about 5%, with 3% going
to Barclays PLC (BCS, BARC.LN).
NYSE Amex would retain 47.2% of the remaining common-interest
holdings, with 100% of preferred non-voting interests. No
stakeholder will be allowed to hold more than 19.9% of the market,
aside from NYSE Amex.
The stakes held by firms could expand or shrink, depending on
how much business they are doing at the Amex, and credit will be
given for activity going back to October 2009, when the agreement
was announced. Each year, available cash will be distributed back
to NYSE Amex and the owner-firms.
If stakeholders aren't meeting agreed-upon levels of trade,
their interest in the exchange could be diluted, according to terms
of the agreement.
Nasdaq OMX Group Inc. (NDAQ), in response to the deal's formal
filing, did not oppose the arrangement but asked regulators to
allow other exchanges to develop separate incentive programs
targeted toward specific customers.
"The best result is not to restrain NYSE Amex, but to allow
others to compete by applying the same flexibility proposed in the
incentive plan to all fee and rebate-based plans," wrote Nasdaq OMX
officials in a letter to the SEC. "Investors will be the ultimate
beneficiaries of the greater competition that will result."
Since the deal was agreed more trades have flowed through the
Amex systems. Its share of all options contracts bought and sold
this month was 13.3%, nearly double its 7% market share at the time
NYSE Euronext bought the platform.
-By Jacob Bunge, Dow Jones Newswires; 312-750-4117;
jacob.bunge@dowjones.com
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