Competition Alert February 2018

The National Competition and Markets Commission (CNMC) issues its Decision on price-fixing of financial derivatives negotiated in connection with syndicated loans. 

The CNMC has just issued its Decision on financial derivatives (Decision), fining the accused banks (Santander, Sabadell, Caixa, BBVA) €91 million.  The Decision refers, in particular, to the derivative products ancillary to syndicated loans, which goal is to insure borrowers against fluctuations of the interest rate to which the cost of the syndicated loan is indexed.  The Decision considers that the accused banks have fixed such cost of the derivative products in a manner and at a level which breaches Articles 101 of the Treaty on Functioning of the European Union (TFEU) and the national equivalent (Article 1 Competition Act).

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