EU: 13 major banks may pay fines 10% of worldwide turnover

Joaquín Almunia, Vice-President of the European Commission in charge of Competition, gave a press conference on the statement of objections to 13 investment banks, ISDA and Markit in credit default swaps and derivatives investigation. (EC Audiovisual Services, 01/07/2013).

Joaquín Almunia, Vice-President of the European Commission in charge of Competition, gave a press conference on the statement of objections to 13 investment banks, ISDA and Markit in credit default swaps and derivatives investigation. (EC Audiovisual Services, 01/07/2013).

In a long-awaited decision, Joaquín Almunia, Vice President of the European Commission responsible for Competition Policy, accused thirteen western giant investment banking groups and two support bodies that those banks created a trust, setting prices in the over the counter trade of Credit Default Swaps and Derivatives, a multi trillion business. The Commission’s investigation covers the period before and after the financial crunch of 2008. In detail, the Commission sent yesterday its official ‘objections’, according to Article 101 of the Treaty on the Functioning of the European Union (TFEU) to the following financial groups: Bank of America-Merrill Lynch, Barclays, Bear Stearns (now part of JP Morgan), BNP Paribas, Citigroup, Credit Suisse, Deutsche Bank, Goldman Sachs, HSBC, JP Morgan, Morgan Stanley, UBS and the Royal Bank of Scotland as well as to Markit, a financial information firm and the International Swaps and Derivatives Associations (ISDA). Both Markit and ISDA are controlled by those banks. The sending of this statement of objections is a key step in the ongoing antitrust investigation that the Commission opened in April 2011. The Commission stresses now that “Any finding of infringement of EU antitrust rules may lead to the imposition of fines up to 10% of a company’s annual worldwide turnover, if the Commission considers it appropriate”. Almunia also added that “Following our investigation, we have reached the preliminary conclusion that these companies may have breached EU antitrust rules that prohibit anticompetitive agreements. More precisely, we consider that they may have coordinated their behaviour in order to jointly prevent (official) exchanges from entering the CDS market between 2006 and 2009”. According to the European Commissioner Markit and ISDA plaid a crucial role, by preventing other prospective entrants from joining the CDS market. Indeed two major stock exchanges, the Deutsche Börse and the Chicago Mercantile Exchange (CME), attempted to launch central clearing and exchange trading of credit derivatives, for which there was already a widespread demand among investors. Exclusive club To launch these exchange-traded credit derivatives, however, the exchanges needed licenses for data and index benchmarks. But ISDA and Markit refused to provide these licenses because – according to Commission’s findings the banks had instructed them to do so. In addition, several investment banks sought to shut out exchanges in other ways, for example by coordinating among themselves the choice of their preferred clearing house. In the end, neither Deutsche Börse nor CME managed to enter the market. In short the accused banks along with Markit and ISDA aimed at restricting the sale of CDS contracts only over the counter (OTC) and exclusively by the above banks and not through an organised and regulated market. In this way they arbitrarily charged prices to individual buyers of CDSs and derivatives, without the customers having any option to seek information on competitive pricing in an organised market platform. If the official exchanges had managed to enter the CDSs and derivatives market, they would have offered competitive and transparent pricing to buyers. On top of that the whole finacial system would have been more transparent, reliable and stable. High demand Investor demand for those financial products was at times very high. Pension and hedge funds, insurance companies and other investors couldn’t actually enter the prime market of sovereign and company debt, without securing their placement with a CDS. At the beginning of 2013 there were almost 2 million active CDS contracts world-wide, with more than €10 trillion gross notional amount (source: DTCC). The notional amount is the amount of debt the CDS contract is written on. Obviously if it is confirmed that the banks collectively and effectively blocked the official exchanges from the CDS market, breaching the prohibition of anticompetitive agreements enshrined in the EU Treaty, the Commission could decide to impose sanctions and fines. On top of that Almunia added that “The EMIR regulation provides that standardised derivative contracts must be centrally cleared. In the review of the MIFID Directive the Commission also proposes that these derivatives should be traded on transparent and organised trading platforms. Our regulatory work also seeks to ensure that clear rules are in place for access to benchmarks”. However, apart from the possibility that those banks have formed a trust in order to illegally increase their incomes at the expenses of the entire economy, simultaneously with this behaviour, they undermined the stability of the global financial system. Some of those events occurred before the financial crisis broke out in 2008, some later. Among other factors, this ongoing crisis was due to such systemic risks. Risks of this type are intrinsic to over-the-counter trading. If one bank defaults, others are quickly affected. The bankruptcy of Lehman Brothers has shown how this mechanism is capable of destabilising the entire system. Usurping taxpayers’ money In contrast, when trading occurs through an official exchange, counterparty risk is managed more strictly, especially because transactions are automatically settled in a central clearing house. Official clearing houses are liable if some counterparty goes bankrupt. In this way failures do not affect others. Presumably those banks didn’t pay much attention to all those problems, even if at the end they themselves run the risk to get caught in the fallout. Unfortunately this last crisis proved that those major western banks counted on their size and in a way, when they went bankrupt after 2008, they actually blackmailed societies, governments and central banks to recapitalise them and replenish their liquidity. This is exactly what happened in our western world during the past five years.

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

This article is published in association with United Nations.

Peak heat in Europe just broke historic 1970s records

This article is published in association with United Nations. This year marks the hottest June recorded for Western Europe and the second warmest globally, according to the latest report from a climate tracking service released on Thursday. “Heatwaves like this are what we expect to see in a changing climate,” said John Kennedy, head of climate […]
UN News Children collect water from a truck in a displaced persons camp in Gaza. (file)

Diplomats go virtual to witness Gaza displacement site up close

This article is published in association with United Nations. Representatives from 12 countries carried out a “virtual diplomatic field visit” to a displacement site in the Gaza Strip and heard from some of the residents about their pressing needs, the United Nations said on Thursday.  The UN Humanitarian Coordinator for the Occupied Palestinian Territory (OPT), Ramiz Alakbarov, and his […]
This article is brought to you in association with the European Commission.

Commission seeks feedback on commitments offered by Sanofi over possible anticompetitive conduct regarding the promotion of a flu vaccine for vulnerable patients

This article is brought to you in association with the European Commission. The European Commission invites comments on commitments offered by Sanofi to address competition concerns regarding a communication campaign that has possibly disparaged the only rival flu vaccine recommended for vulnerable patients with risk factors. The Commission’s investigation Sanofi, headquartered in France, is a multinational […]
This article is published in association with United Nations.

US-Iran war: Renewed attacks in Strait of Hormuz prompts another global energy alert

This article is published in association with United Nations. Renewed attacks on shipping in the Strait of Hormuz unsettled energy markets on Wednesday and prompted calls from the UN maritime agency, IMO, for “maximum restraint and de-escalation”. Amid reports that three merchant vessels were hit along with Iranian targets, IMO Secretary-General Arsenio Dominguez condemned “reckless attacks” […]
This article is published in association with United Nations.

When AI hurts people, who’s to blame? Global experts grapple with accountability

This article is published in association with United Nations. Who is legally responsible when Artificial Intelligence causes harm? The issue took centre stage on Tuesday – day two of the first ever UN summit on AI governance, where leading experts warned of mounting evidence of human rights violations linked to the revolutionary technology. “Across 11 Global […]
UN News Humanitarian conditions in the Gaza Strip remain dire, with families in urgent need of shelter, healthcare and food.

Occupied Palestinian Territory: Aid restrictions in Gaza, ‘senseless’ infant deaths in the West Bank

This article is published in association with United Nations. Ongoing restrictions and closures of border crossings continue to hamper delivery of critical supplies into the Gaza Strip, amid mounting concern for children there and in the West Bank, the United Nations said on Monday.  UN teams in Gaza continued to collect food and fuel from the Kerem […]
About the author Sadia Khalid is a Scientist-Physician (MBBS, MD) at Tallinn University of Technology. She is driven by a commitment to advance public health and scientific understanding. With research interests spanning molecular medicine, infectious diseases, bacteriology, hepatology, and gastroenterology, she aims to contribute meaningful, evidence-based insights that support health, safety, and community awareness.

Heat, Flood, Fire: The Climate Crisis and the Body

This article was exclusively written for The European Sting by Ms. Sadia Khalid, a Scientist-Physician (MBBS, MD) at Tallinn University of Technologye. She is affiliated with the International Federation of Medical Students Associations (IFMSA), cordial partner of The Sting. The opinions expressed in this piece belong strictly to the writer and do not necessarily reflect IFMSA’s view on […]
UN Ukraine The aftermath of a Russian missile and drone attack on Kyiv in May 2026.

Civilian dangers multiply as drones transform Ukraine’s battlefield

This article is published in association with United Nations. As drones reshape the battlefield in Ukraine, they are also creating new and increasingly complex dangers for civilians, threatening recovery efforts, agriculture and global food security long after the fighting ends. “The battlespace has become a lot deeper, a lot wider and a lot more lethal,” Paul […]
© WHO/PAHO PAHO has mobilised emergency health supplies from its Strategic Reserve in Panama following the earthquakes that struck the country on 24 June.

Venezuela’s earthquake-hit hospitals pushed to the brink as disease risk grows

This article is published in association with United Nations. A week after earthquakes tore through northern Venezuela, hospitals in La Guaira are buckling under the weight of the disaster – and the risk of disease outbreaks in shelters is rising fast. An assessment by the UN-backed Pan American Health Organization (PAHO) found that all eight health […]
Venezuela earthquake disaster: needs ‘skyrocketing’, say relief agencies

Venezuela earthquake disaster: needs ‘skyrocketing’, say relief agencies

This article is published in association with United Nations. In Venezuela, a rescue operation in La Guaira has succeeded in getting a toddler out alive from under the rubble, six days since the double-earthquake disaster. The miraculous story of the three-year-old’s rescue in the worst-hit northern region came as tens of thousands of people remained without […]
© WFP/Maxime Le Lijour Much of Gaza will need rebuilding after the war with Israel.

Despite record $100 million shortfall, Palestine relief agency still ‘a critical platform’ for Gaza recovery

This article is published in association with United Nations. The UN agency serving 5.9 million Palestine refugees, UNRWA, continues to strive to deliver on its mandate while facing an unprecedented $100 million budget shortfall, a gap it hopes to narrow during Tuesday’s pledging conference at UN Headquarters. Operating primarily on voluntary donations since its inception in the […]
© UNOCHA Sloviansk in eastern Ukraine has been regularly attacked with aerial bombs and drones.

UN details humanitarian toll of strikes on Ukrainian power industry

This article is published in association with United Nations. Missile and drone attacks killed at least a dozen civilians in Russia and Ukraine over the weekend as both countries continue to launch long-range drone strikes. Tweet URL Ukrainian authorities reported eight civilians killed and 35 others wounded in Russian attacks on the city of Dnipro on […]
Photo credit: Luis Garcia The UN System is present in La Guaira, the region most severely affected by the devastating twin earthquakes that struck Venezuela.

Venezuela earthquakes leave 680,000 children in need of assistance: UNICEF

This article is published in association with United Nations. Some 680,000 children are among the 1.8 million people in need of humanitarian assistance following the earthquakes that struck Venezuela on 24 June, the UN child rights agency UNICEF reported on Sunday as rescue efforts continue. Damage to hospitals, schools, and water systems is exacerbating the situation for affected families, […]
This article is published in association with United Nations.

Europe heatwave breaks records as UN agencies ramp up health warnings

This article is published in association with United Nations. Climate and Environment As a record-breaking heatwave grips large parts of Europe, the World Meteorological Organization (WMO), national weather services and partners are mobilising heat-health action plans for millions of people facing dangerous temperatures.  The extreme heat is also impacting economic activities, infrastructure, agriculture and ecosystems, the UN weather […]
© Unsplash/Angus Gray Ship transits through the Strait of Hormuz have dropped by over 90 per cent since the crisis escalated in late February 2026.

Stranded Hormuz seafarers begin mass evacuation operation

This article is published in association with United Nations. As the UN International Maritime Organization (IMO) released more details of its plan to evacuate more than 11,000 seafarers stranded in the Strait of Hormuz, one mariner caught up in the emergency has described the ever-present fear of coming under attack. “You don’t know when the war […]
© Unsplash/Angus Gray Ship transits through the Strait of Hormuz have dropped by over 90 per cent since the crisis escalated in late February 2026.

World News in Brief: UN launches Hormuz evacuation plan, UNICEF youth champion killed in Gaza, Lebanon ceasefire ‘largely holding’

This article is published in association with United Nations. The International Maritime Organization (IMO) will begin implementing an evacuation plan for more than 11,000 seafarers stranded in the Strait of Hormuz, the UN agency announced on Tuesday. The development follows months of hardship and distress for thousands of innocent seafarers and comes on the heels of […]
© Unsplash/Michu Đăng Quang The emissions from electricity or gasoline that power air conditioners contribute to global warming. "It's time to come clean" and do more to promote renewable energy, the UN Secretary-General told the London Climate Action Week.

Climate crisis: UN chief lays out solutions blueprint for clean energy transition

This article is published in association with United Nations. As a deadly heatwave continued to grip Europe on Tuesday, UN Secretary-General António Guterres issued an impassioned appeal for more ambitious global action on climate change caused by fossil fuels, to prevent irreversible damage. In a major keynote speech at London Climate Action Week, the UN chief […]

Libya’s political process regains momentum, but window for action is narrowing, UN envoy warns

This article is published in association with United Nations. Libya has been mired in political dysfunction since the collapse of Muammar Gaddafi’s regime in 2011, which shattered State institutions and triggered recurring struggles over legitimacy and power.  The country’s current stalemate pits the UN-recognised Government of National Unity in the capital Tripoli against eastern-based authorities backed […]
© UNICEF Chad hosts refugees from conflicts in neighbouring Sudan, the Central African Republic and Cameroon.

World Refugee Day: UN calls for renewed commitment and solidarity

This article is published in association with United Nations. The UN High Commissioner for Refugees has called on the international community to strengthen support for the nearly 42 million people worldwide who have fled their home countries to escape conflict, violence or persecution. Barham Salih highlighted the contributions refugees make to their host communities as workers, students, neighbours, […]

Comments

  1. Thanks for your personal marvelous posting! I quite enjoyed reading it, you could be a great author.I will make sure to bookmark your
    blog and will come back sometime soon. I want to encourage you to
    definitely continue your great writing, have a nice holiday weekend!

  2. Hi it’s me, I am also visiting this web page daily, this
    site is really fastidious and the viewers are genuinely sharing fastidious thoughts.

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com