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NYSE, Deutsche Börse Offer New Merger Concessions
December 14, 2011
European regulators balked at the deal for Deutche Börse to acquire NYSE Euronext, which prompted the players to submit new concessions which they hope would appease European authorities. The European Commission and a local German regulator expressed concerns that the deal would give the 2 companies a dominant position in the exchange-traded derivatives market - where the combined firm would control some 90% of trading activity in certain contracts. The proposed deal is valued at $9 billion.
Response by NYSE Euronext, Deutsche Borse. To allay regulators' concerns, the companies said on Tuesday they agreed to divest more of their equity derivatives trading operations, as well as provide the new owner access to Eurex Clearing, a clearinghouse for derivatives products. The concessions include the disposal of all of NYSE Euronext’s single-stock derivatives businesses in Europe.
Some alternatives: (i) the companies could look to dispose of DB's complementary operations in global countries; (ii) they could license Eurex’s trading system to 3rd parties looking to offer interest-rate derivatives.
Absent further delays, European regulators are expected to make a decision on the merger by February; the previous deadline was January. There's a breaking point in the deal, which means that NYSE Euronext and Deutsche Börse, at some point, have max'd out on concessions that they're willing to offer. After that, it will be onto the next dance partner.
Finally, in terms of antitrust, a local German regulator has questioned how the deal would affect the companies’ future operations in Frankfurt, where Deutsche Börse is based. n Monday, the Hessian Ministry of Economy, the local regulator for the Frankfurt Stock Exchange, called for changes to the merger to protect trading activity in Frankfurt. [Dealbook, 12/13/11]

