Thirteen
big banks colluded to shut out competition from the multi-trillion euro
derivatives market, according to an investigation by the European
Commission.
The EU's executive arm said that its
investigation, which began in 2011, had uncovered anti-competitive
practices during the 2008-9 financial crisis.
The commission
investigation focuses on the credit default swap (CDS) market which
allows banks and businesses to hedge against possible losses.
However,
more controversially, they were used by Goldman Sachs and others to
speculate on the probability of a Greek debt crisis in 2010.
There are almost 2 million active CDS contracts with a joint notional amount of €10 trillion worldwide.
Most CDS contracts are negotiated privately between so-called 'over the counter' derivatives.
However,
critics of the practice say that the lack of transparency distorts the
market and increases the risk of the parties being unable to meet their
obligations.
EU lawmakers adopted legislation on derivatives
trading in 2012 requiring all trades to be cleared through an exchange,
making the practice more transparent and reducing risk.
The banks
allegedly coordinated their behaviour to jointly prevent the Deutsch
Bourse stock market and the Chicago Mercantile Exchange from being
issued licenses allowing them to enter the CDS market.
The two
exchanges were allegedly shut out of the market between 2006 and 2009,
covering the end of the credit boom and the financial crisis in 2008-9.
In
a statement issued on Monday (1 July) the commission commented that its
preliminary conclusion was that the banks had "delayed the emergence of
exchange trading of these financial products because they feared that
it would reduce their revenues."
The banks involved include a
handful of Europe's largest financial institutions such as Barclays, BNP
Paribas, Deutsche Bank and the Royal Bank of Scotland (RBS).
The
UK-based Barclays and RBS were also involved in last year's Libor
rate-fixing scandal which saw a handful of big banks rig the interest
rate at which banks lend to each other, driving up the price of
financial products to customers.
Speaking to journalists on
Monday (1 July) EU competition chief Joaquin Almunia warned that fines
would be meted out if the market manipulation was confirmed.
EU anti-trust rules allow the Commission to impose fines worth up to 10% of a firms annual turnover.
"Exchange trading of credit derivatives improves market transparency and stability," he added, in a nod to the new EU rules.
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