11:22 AM
"Deep" probe expected for D.Boerse-NYSE merger
Addison Ray
By Foo Yun Chee and Jonathan Spicer
BRUSSELS/NEW YORK | Thu Mar 10, 2011 1:58pm EST
BRUSSELS/NEW YORK (Reuters) - EU regulators are likely to take a long, hard look at Deutsche Boerse's planned takeover of NYSE Euronext, the EU's antitrust chief said, while a top NYSE executive said talks with authorities globally are so far "going well."
EU Competition Commissioner Joaquin Almunia's comments on Thursday underscored the hurdles the deal faces in Europe compared with the United States, where regulators are expected to clear the $10.2 billion takeover.
The tie-up, announced last month, would give the merged company a stranglehold on European exchange-traded derivatives, and immediately raised questions over whether competition authorities would block it.
"This is a complex case," Almunia told Reuters on the sidelines of an International Bar Association conference.
"The NYSE Euronext deputy chief executive has recognized this before his meeting with me; it probably will require a deep investigation," he said. "We are waiting for the notification."
NYSE Euronext Deputy Chief Executive Dominique Cerutti met Almunia last month. A NYSE Euronext spokeswoman said the exchanges plan to formally file the deal with regulators in due course. Recent media reports cited Cerutti as suggesting an April filing.
The merged group's dominance of securities such as swaps tied to interest rates or government bonds is expected to face intense regulatory scrutiny, antitrust experts have said.
In New York on Thursday, NYSE Euronext Chief Financial Officer Michael Geltzeiler said the U.S.-based company doesn't believe its Liffe derivatives market competes with Deutsche Boerse's Eurex platform in Europe.
"The rhetoric... was pretty pronounced early on," Geltzeiler said at a conference hosted by Citigroup.
"As we continue to put facts on the table and we're able to meet now that we've announced this transaction properly, with the regulators around the world the dialogues are going well."
HURDLES GLOBALLY
The D.Boerse-NYSE deal is the biggest in a recent rash of planned exchange-industry deals, and it has stoked talk of a brewing counterbid for NYSE Euronext, including possibly from Nasdaq OMX Group.
Geltzeiler said that NYSE Euronext would evaluate a counterbid "as one would expect," if one were to come.
There is a relatively steep 250 million euro ($346-million) termination fee attached to the blockbuster deal, which is the largest in a consolidation wave that includes Singapore Exchange, Australia's ASX and private venues BATS and Chi-X Europe.
As well, London Stock Exchange, Europe's largest stock exchange by value of daily trading, agreed to a takeover deal with Canada's TMX Group on February 9.
