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Sen. Schumer creates waves over DB-NYSE merger plan

Addison Ray

NEW YORK | Mon Feb 14, 2011 1:01am EST

NEW YORK (Reuters) - A top lawmaker on Sunday created waves over two key aspects of the proposed merger between Deutsche Boerse and NYSE Euronext -- which management team will run the merged entity and what will be its name.

The intervention by Senator Charles Schumer, a senior Democrat and a member of the Senate Banking Committee, is the latest indication that getting approvals for a deal on both sides of the Atlantic will not be easy.

Schumer told reporters he met with NYSE Euronext Chief Executive Duncan Niederauer -- who would lead the combined entity -- on Friday and again on Saturday.

He said he was told the deal "will give managerial control of the new operation to the team from NYSE, with Mr. Niederauer installed as the new CEO."

Hours later, the senator's spokesman Brian Fallon emailed Reuters to say that Schumer had not meant to communicate "greater knowledge of the arrangement beyond Niederauer as CEO."

The comments, which came on the day that NYSE Euronext's board met to discuss the proposed deal, touch on a particularly sensitive topic. The question of which managerial team, board and group of shareholders will end up in with the most power in a merger is controversial on both sides of the Atlantic.

In Germany, the deal is being sold as a German takeover of the NYSE or as a merger of equals. Any suggestion that the NYSE management team will be in control counters that public stance and could create an obstacle to the deal getting done.

Deutsche Boerse declined to comment on the remarks.

Bob Rendine, senior vice president for NYSE Euronext's global communications, declined to comment on the issue of management.

"We certainly have a lot of respect for Sen. Schumer. We're delighted that he is engaged with us on this issue," Rendine said. "We look forward to continuing keeping him up to speed on our progress, and on the potential benefits for New York and New York City."

NAME IS CRITICAL

The lawmaker emphasized that the name of the combined company -- and whether NYSE's name came before that of Deutsche Boerse -- was a "critical factor" in whether the proposed deal would win his support.

He says "NYSE" must have first billing for business and branding reasons, but also to reassure him that the combination is a true merger of equals.

"Some may say 'What's in a name?' but I say, 'A lot,' he said. "The New York Stock Exchange is a symbol of national prestige, and its brand must not suffer under this merger."

The New York Stock Exchange occupies a central role in America, Schumer said, its opening bell not unlike schoolchildren reciting the Pledge of Allegiance. For "the Germans" to place the NYSE name second calls into question whether the deal is a merger or a takeover, he said.



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