NYSE, Deutsche Boerse Submit Revised Remedies To EU Commission
13 Dicembre 2011 - 10:15AM
Dow Jones News
Deutsche Boerse AG (DB1.XE) and NYSE Euronext (NYX) Tuesday said
they had submitted revised remedy proposals for their planned
merger to the European Union's antitrust oversight body aimed at
winning key approval for the deal.
The revised concessions, which were turned in by the 2300 GMT
deadline Monday, center on additional measures by the merger
partners to open up their derivatives business to third parties,
confirming information Dow Jones Newswires obtained from several
people familiar with the matter Monday.
In consultation with the Commission, both merger partners also
agreed to an extension of the merger plan review by the EU
Commission by 13 working days. The Commission now plans to complete
its review by Feb. 9, compared with the previous envisaged Jan. 23
date. Both exchanges said they anticipate a closing of the deal
shortly after the Feb. 9 date.
In short, both merger partners said there were ready to sell
more European single-equity derivatives than in the original
proposal and enable the buyer of the derivatives to access their
Eurex Clearing system if desired.
They also said in the very technical release that they "improved
the coverage of their clearing access remedy for innovative equity
index and interest-rate derivatives." In addition, they said they
are committed to license the Eurex trading system to a third party
interested in launching interest-rate derivatives. Further detail
wasn't immediately available.
These moves are intended to counter charges by the exchanges'
competitors that previously offered concessions were minor and
didn't address the market-dominance issue in the European regulated
derivatives market.
The exchange operators' offering to Brussels to try to win
approval for their planned merger is expected to walk a fine line
between addressing the regulator's concerns, while retaining the
deal's business logic, several people familiar with the matter said
Monday.
On Monday, Deutsche Boerse's supervisory board approved further
concessions that would give more ground on their exchange-listed
derivatives businesses, a major area of regulators' focus, where
the combined exchanges have a market share of above 90%.
Both exchanges had until sometime this week to come up with
"last-gasp" concessions aimed to win EU antitrust approval, the
major hurdle to the $18 billion combination, according to three
people close to the matter.
-By Ulrike Dauer, Dow Jones Newswires; +49 69 29725 500;
ulrike.dauer@dowjones.com
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