Einde inhoudsopgave
State aid to banks (IVOR nr. 109) 2018/Annex X
Annex X: Acquisition ban
mr. drs. R.E. van Lambalgen, datum 01-12-2017
- Datum
01-12-2017
- Auteur
mr. drs. R.E. van Lambalgen
- JCDI
JCDI:ADS598943:1
- Vakgebied(en)
Financieel recht / Europees financieel recht
Mededingingsrecht / EU-mededingingsrecht
Voetnoten
Voetnoten
The acquisition ban applied to “any financial institutions or other businesses in actual or potential competition with BAWAG”.
“The Belgian authorities commit that KBC will refrain from acquiring control of financial institutions. KBC will moreover refrain from acquiring control of businesses other than financial institutions if such an acquisition would slow down the repayment of state aid.”
“Ethias commits not to acquire more than 5% of the capital of other credit institutions or investment firms.”
“BNP Paribas is firmly committed, for a period of four years, not to acquire control of other credit institutions or investment companies (within the meaning of Directive 2004/ 39/EC of 21 April 2004 on markets in financial instruments) that have their registered office, a subsidiary or a branch in Belgium or Luxembourg and have substantial operations there.”
The acquisition ban applied to “any acquisition of more than 5% of the share capital of other credit institutions or investment firms or insurance companies”.
“Il ne prendra aucune participation dans une entreprise, que ce soit par cession d’actifs ou par transfert d’actions, sauf dans le cadre des opérations de simplification juridique et de centralisation de la gouvernance strictement prévues dans le plan de résolution ordonnée”.
The acquisition ban applied to “any finance institutions or other businesses in potential competition with Commerzbank”.
The acquisition ban applied to “any purchases of financial institutions in competition with LBBW”.
There will be no expansion of business activities through the acquisition of control over other firms with a sales price of more than EUR [0-2 million] without the Commission’s approval (‘no external growth’).
“Sparkasse KölnBonn is not to acquire more than 20% of the shares in other financial institutions during a period of three years. Other participation transactions that are not related to Sparkasse KölnBonn’s original customer business in its business model may still be carried out, provided they do not jeopardise the Sparkasse’s viability and have been approved by the European Commission. In addition, Sparkasse KölnBonn is to refrain from acquiring participations that are not necessary for its core business, or that entail excessive risks.”
The acquisition ban applied to stakes of more than 5%.
The acquisition ban applied to “i) any financial institution; ii) any acquisition that would alter the bank’s business model”.
The acquisition ban applied to “i) any financial institution; ii) any acquisition that would alter the bank’s business model”.
The acquisition ban applied to acquisitions of financial institutions and any other acquisitions of businesses that would slow down the repayment of the state aid.
The ban applied to acquisitions of stakes of 20% or more.
Acquisitions that must be made in order to maintain financial and/or association related stability, or in the interests of effective competition, had to be approved beforehand by the Monitoring Trustee.
The acquisition ban applied to “i) any financial institution, ii) any other acquisition whose purpose is to expand the bank’s activities outside of its business model”.
The acquisition ban applied to “i) any financial institution, ii) any other acquisition whose purpose is to expand the bank’s activities outside of its business model”.
The following table lists the cases that are characterised by an acquisition ban. In particular, the table gives an overview of two modalities of the acquisition ban: i.e. the scope and the exemptions.
Scope
As discussed in section 13.9.3.2, many acquisition bans entail that the ben-eficiary bank shall not acquire any stake in any undertaking. The following table indicates whether the scope of the acquisition comprises any stake in any undertaking (indicated by “yes”) or whether the scope of the acquisition ban is formulated in a different manner (indicated by “no”).
Exemptions
As discussed in section 13.9.3.3, there are three main exemptions to the acquisition ban. In the following table, these three exemptions are mentioned under the headings “Commission approval”, “Purchase price is less than […]”, and “Ordinary course of business”. An “x” indicates that the exemption is present, whilst a “0” indicates that the exemption is not present.
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
OVAG
yes
x
0
x
0
BAWAG
no1
x
0
0
x
Hypo Tirol
yes
x
x
x
0
HGAA
yes
x
x
x
0
KA (2011)
yes
x
0
0
x
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
KBC
no2
x
0
0
0
Ethias
no3
0
0
0
x
Fortis
no4
0
0
0
x
Dexia (2010)
no5
x*
0
0
x
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
FIB
yes
x
x
x
0
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
CCB
yes
x
x
x
0
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
CIF
yes
0
0
0
x6
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
FIH
yes
x
x
x
0
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
Commerz- bank
no7
x
0
0
x
HSH Nordbank
yes
x*
0
x
0
HRE
yes
x
0
x
x
LBBW
no8
0
0
x
0
BayernLB
no9
0
x
x
0
Sparkasse KolnBonn
no10
x*
0
0
0
NordLB
yes
0
x
x
0
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
Alpha Bank
yes
x
x
x
0
Eurobank
yes
x
x
x
0
Piraeus Bank
yes
x
x
x
0
NBG
yes
x
x
x
0
ATE (2011)
no11
x
0
0
x
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
Anglo / INBS
yes
x*
0
x
0
AIB / EBS
yes
x
x
x
0
BOI (2010)
no12
0
x
0
0
BOI (2011)
no13
0
x
0
0
IL&P (PTSB)
yes
x
x
x
0
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
MPS
yes
x
x
x
x
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
Parex Banka
yes
0
0
0
0
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
LCCU
yes
x
x
x
0
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
ABN AMRO
yes
0
x
0
x
ING
no14
x
0
0
0
SNS REAAL
yes
x
x
x
0
AEGON
no15
0
0
0
x
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
CGD
yes
016
x
x
x
BPI
yes
x
x
x
0
BCP
yes
x
x
x
0
BPN
yes
0
x
0
0
BES
yes
x
x
x
0
Banif
yes
0
0
0
0
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
Abanka
yes
x
x
x
x
NKBM
yes
x
x
x
x
NLB
yes
x
x
x
x
Factor Banka
yes
0
0
x
0
Probanka
yes
0
0
x
0
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
Catalunya Banc
yes
0
x
x
0
NCG Banco
yes
x
x
x
0
BFA/ Bankia
yes
0
x
x
0
Banco Mare Nostrum
yes
0
x
x
0
Liberbank
yes
0
x
x
x
Banco CEISS
yes
x
x
x
0
Bank
Scope: Any stake in any undertaking?
Commission approval
Purchase price is less than […]
Ordinary course of business
Other exemptions
LBG
no17
0
x
0
0
RBS
no18
0
x
0
0
Northern Rock
yes
0
0
0
0