April 11, 2025

DealBook: Europe Leans Toward Blocking N.Y.S.E.-Deutsche Borse Merger

Traders at the Frankfurt Stock Exchange.Alex Kraus/Bloomberg NewsTraders at the Frankfurt Stock Exchange.

5:26 p.m. | Updated

BRUSSELS — The European Union’s competition commissioner, Joaquín Almunia, won support on Tuesday from European government representatives on an advisory panel in his effort to block a merger between NYSE Euronext and Deutsche Börse, a move that is one of the last stages before a formal decision on the deal is made early next month.

For months, the European Commission, the union’s executive body in Brussels, has raised concerns about the creation of the world’s biggest stock exchange company, which would operate both the New York Stock Exchange and the Frankfurt Stock Exchange along with other markets.

The recommendation by the antitrust advisory panel, which is not binding, is the latest sign that the regulatory obstacles in the way of the deal may be insurmountable. The deal would put the vast majority of the European exchange-traded derivatives market, and a sizable proportion of the region’s stock trading, in the hands of one company.

A main sticking point has been the refusal by NYSE Euronext and Deutsche Börse to sell parts of their derivatives exchange businesses, which Mr. Almunia has concluded would give the combined company too much power over derivatives trading.

That issue came to a head at a meeting in Brussels on Jan. 9, when Mr. Almunia asked Duncan L. Niederauer, the chief executive of NYSE Euronext, to sell a derivatives exchange known as Liffe, based in London, or withdraw from the deal.

“Of course not,” Mr. Niederauer told Mr. Almunia, according to a person with direct knowledge of meeting who asked not to be identified because the proceedings are still continuing. “There’s no way we’ll withdraw,” Mr. Niederauer told Mr. Almunia.

Mr. Niederauer told Mr. Almunia that the analysis carried out by European investigators was “deeply flawed” because it considered the market for derivatives to be solely European, rather than global, and made it appear that the merger would reduce competition far more than would be the case in practice.

NYSE Euronext executives have repeatedly argued that they face considerable competition from the CME Group, a derivatives exchange based in Chicago, saying that it has more employees in Europe than Liffe and a larger portfolio of interest-rate derivatives than the combined NYSE Euronext and Deutsche Börse businesses.

The firm stance taken by Mr. Niederauer — and his apparent willingness to see the deal blocked formally in Europe — may be a sign that the exchanges are preparing to sue the European Commission, accusing it of wrongfully stopping the deal.

That would be a serious problem for the commission, where officials still harbor painful memories of losing a string of appeals against blocked mergers early in the past decade after the European Court of Justice ruled that those decisions had been defective.

Since the meeting between Mr. Almunia and Mr. Niederauer, the exchanges have stepped up a lobbying campaign aimed at turning members of the European Commission in their favor.

On Friday, Mr. Niederauer and the Deutsche Börse chief executive, Reto Francioni, wrote a letter to José Manuel Barroso, president of the European Commission and Mr. Almunia’s superior, expressing “profound concern” that blocking the takeover “would represent a serious missed opportunity at a critical juncture for Europe.”

Mr. Niederauer and Mr. Francioni also sought to assure Mr. Barroso of “the European character of the new company,” which would generate 70 percent of its revenues in Europe and be incorporated in the Netherlands.

They also suggested that allowing the merger would further European goals of bringing changes in the financial services sector because NYSE Euronext and Deutsche Börse had “shown themselves to be a bridgehead of integrity and transparency against a tidal wave of opacity and greed that permeates the less-regulated segments of financial markets.”

Mr. Niederauer met with Viviane Reding, the European Union commissioner for justice, on Tuesday, apparently to reinforce that message.

Article source: http://dealbook.nytimes.com/2012/01/17/europe-leans-toward-blocking-nyse-deutsche-borse-merger/?partner=rss&emc=rss

Euro Zone Members Agree to Reinforce Maastricht Treaty Rules

The central aim of the deal is to make it harder for the 17 members of the bloc that use the euro to ignore stringent rules that they had pledged to follow long ago. And to make that outcome more likely this time, the accord creates a center of coordination and decision-making in Europe.

All 17 members of the European Union that use the euro, plus 6 other members — Denmark, Latvia, Lithuania, Poland, Romania and Bulgaria — agreed to subscribe to a new treaty, which binds them more closely, enforces more fiscal discipline and makes it harder to break the rules. Britain rejected the plan, while Hungary, Sweden and the Czech Republic left the door open to sign up.

At the heart of the accord are the fiscal requirements that were laid down in the Maastricht Treaty, which established the euro as a common currency 20 years ago; it called for the euro zone countries to limit budget deficits to no more than 3 percent of gross domestic product and to restrain overall debt so that it remains below 60 percent of annual economic output. Originally, there were sanctions for exceeding these limits, but when Germany and France found themselves doing so the idea of punishments was scrapped.

Once the European Commission, the bloc’s executive body, suggests sanctions for violating the rules, a country will need a weighted majority of nations to prevent them from being enforced. The new mechanism will make it more difficult for countries to avoid punishment.

The provision limiting a nation’s total debt, which had not been taken seriously, will be applied more forcefully, requiring nations to gradually reduce their level of cumulative debt.

Euro zone nations will also have to submit drafts of their national budgets to the European Commission, which will be able to request revisions if it thinks a budget could lead a country to break the euro zone’s rules.

The accord also contains other changes: Governments will have to inform one another about how much debt they want to issue in bonds, and limitations on debt are to be written into national laws or constitutions.

Should countries deviate from the debt limits, an “automatic correction mechanism” will kick in; this is to be designed by each nation in line with principles identified by the European Commission. The European Court of Justice will make sure all nations effectively include debt restrictions in their laws.

“We are committed to working towards a common economic policy,” the nations said in a statement. For all of the accord’s intricacies, skeptics immediately saw potential flaws. Additional aid for euro zone countries that are struggling with unsustainable levels of debt would, at best, buy time for the bloc to create a system that satisfies German demands for budgetary discipline, said Clemens Fuest, a professor at Oxford who has advised the German Finance Ministry.

He estimated that the additional support would provide relief “for perhaps half a year or a year. That is probably the most optimistic scenario.”

Eventually, Mr. Fuest said, the European Central Bank will be forced to relent and become the lender of last resort for nations like Greece, Italy and others members with high debt. The bank’s president, Mario Draghi, has been resisting that role.

Simon Tilford, chief economist at the Center for European Reform in London, says the agreement in Brussels is superficial and fails to address the underlying problems. “It’s little more than a stability pact with lipstick,” Mr. Tilford said.

“It’s hard-wired austerity into the framework of the European Union,” he added. “That’s not going to do anything to solve the crisis.”

But Stefan Schneider, the chief international economist at Deutsche Bank in Frankfurt, said that expectations for a grand solution at the meeting here had been too high. “You can’t make a quantum leap to a fiscal union in one weekend,” he said.

Article source: http://feeds.nytimes.com/click.phdo?i=6f3c895e0259e91559efc9bba9b7be34