Deutsche Borse AG and NYSE Euronext submit revised remedies to EC DG Competition
NYSE Euronext and Deutsche Börse AG have submitted revised remedies to the European Commission’s Directorate-General for Competition (DG Competition).
The revisions are designed to reflect the European Commission’s feedback on the initial proposal, and thereby fully address the Commission’s remaining concerns while preserving the industrial and economic logic of the merger.
In summary, the parties have strengthened their original proposal with respect to European single equity derivatives by increasing the assets to be included in the divestiture, and to provide the purchaser of that business with an option to access Eurex Clearing for single equity derivatives products. The parties have also improved the coverage of their clearing access remedy for innovative equity index and interest rate derivatives. In addition, the parties committed to license the Eurex trading system to a third party interested in launching interest rate derivatives.
In consultation with the Commission, the parties have agreed to an extension for the thirteen (13) remaining Commission working days available under the European Commission’s review process, which will provide the Commission with adequate time to properly evaluate the revised submission.
Under the revised timetable, the European Commission is now set to complete its review by 9 February, 2012, and the parties would anticipate closing shortly thereafter in early 2012.
The Parties look forward to continuing to work with the Commission to successfully complete the transaction.
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