BRUSSELS — Politicians might talk big about breaking down the national barriers
that stop Europe competing with the U.S. and China, but everywhere you look
they’re doing their best to keep the ones they think matter.
Take the EU’s Banking Union project, which first saw the light 15 years ago when
the eurozone debt crisis nearly took the financial system down along with the
single currency. Regulators have been pleading for years to let a fragmented
banking market consolidate and create the kind of continent-wide institutions
that can mobilize the vast sums needed to revive a stagnant economy.
But national capitals continue to hobble any deal they see as a threat to local
interests — so much so that the European Commission is now investigating Spain
and Italy’s interference with big domestic banking mergers. It’s increasingly
impatient with what it sees as unjustified attempts to block deals that
antitrust regulators have already blessed.
In Spain, the government of Socialist Pedro Sánchez has imposed new conditions
on Banco Bilbao Vizcaya Argentaria’s €12 billion hostile takeover bid for
Catalonia’s Banco Sabadell, an extra layer of scrutiny that is only used in
exceptional cases. BBVA swallowed hard and said on Monday that it will proceed
with the deal, even though the government won’t let it absorb Sabadell fully for
at least three years.
That deal had already been approved by Spain’s national competition authority,
while the Bank of Spain recommended the deal to the European Central Bank, which
is the direct supervisor of both banks.
“There is no basis to stop an operation based on a discretionary decision by a
member state government” when the takeover has been cleared by the competent
authorities, Commission spokesperson Olof Gill said.
For six months, the Commission has been having a back-and-forth with Madrid over
the deal under a procedure called the EU Pilot — an informal dialogue between
the EU and countries that can lead to formal infringement procedures. That
process is ongoing.
“Spanish rules allow for government intervention on general interest grounds, on
mergers that have already been reviewed by the competition authority, but this
is extremely rare,” Pedro Callol, a Spanish antitrust lawyer, told POLITICO. The
only time it has used the power, he said, was in a deal between broadcasters
Antena 3 and La Sexta in 2012.
ROMAN INTRIGUES
There were echoes of Madrid’s behavior in a similar case in Italy, where a
bewilderingly complex and politicized struggle for control of the banking system
is playing out. The government of Giorgia Meloni has saddled UniCredit’s bid for
rival Banco BPM with so many conditions that UniCredit now says it makes no
sense to proceed.
Rome did so by invoking its “golden power,” which was originally designed to
stop foreign takeovers from threatening national security. That move did not go
unnoticed in Brussels, where officials opened two distinct probes into the
matter, led respectively by the financial services and the competition
directorates. It has also triggered an exchange under the EU Pilot, and the
Commission “is now assessing the reply of Italian authorities.”
Competition officials in Brussels cleared the deal with conditions on June 19,
rejecting Rome’s request to hand the deal back to the national antitrust
authority.
Competition officials also sent Rome a set of questions on its “golden power,” a
Commission spokesperson told POLITICO, explaining that only in “exceptional”
circumstances can a government interfere with a Brussels merger decision.
National interventions in mergers aiming to protect a “legitimate interest,”
they said, should be “appropriate, proportionate and non-discriminatory.”
The government of Giorgia Meloni has saddled UniCredit’s bid for rival Banco BPM
with so many conditions that UniCredit now says it makes no sense to proceed. |
Michael Nguyen/Getty Images
There are broader concerns over Rome’s entanglements in the banking sector.
Government officials have spoken privately of the need to build up a third force
in Italian banking that would act as a counterweight to the dominant duo of
UniCredit and Intesa Sanpaolo, which they hope would bolster credit access for
the small firms and households that make up a sizable bulk of the ruling
coalition’s electoral base.
According to Rome insiders, the government wants to build this “third pole”
around Banca Monte dei Paschi di Siena (MPS), which has been under effective
government control since the last in a series of expensive bailouts in 2017. The
Commission only approved that bailout on the condition that Rome reduce its
influence over the bank as quickly as practicable. With the conditions having
been fulfilled, MPS is now on the hunt for acquisitions — with the backing of
the government, which is still its largest shareholder, owning an 11.7 percent
stake.
At first, Meloni’s government aimed to merge MPS with BPM, which bought a large
stake in the Tuscan lender last year. When that was derailed by UniCredit, the
government changed tack, supporting a surprise €12.5 billion bid by MPS for
Milan-based investment bank Mediobanca. The target rejected the offer outright
as having “no industrial rationale” and as being structured so as to create
significant conflicts of interest at the shareholder level — an implicit
complaint about the offer’s political dimensions.
Both the EU executive and Milan prosecutors are now reportedly probing Rome’s
handling of its sale of the MPS stake last November amid suggestions that it
favored investors close to the government.
VESTED INTERESTS AND COMPETITIVENESS CONCERNS
The Commission’s frustration is due in part to the notion that banking
consolidation, and the broader completion of a single market for financial
services, is urgently needed to boost the bloc’s overall competitiveness. EU
financial services chief Maria Luís Albuquerque is taking every chance to
emphasize that Europe needs bigger banks to compete with U.S. and Chinese
rivals. Currently, JPMorgan alone is worth as much as the eurozone’s eight
biggest banks put together. Any move to stop such consolidation must be
“proportionate and based on legitimate public interests,” spokesperson Gill
said.
Rome’s three-party coalition may be keeping its cards close to its chest
regarding its broader plans, but Spanish politicians haven’t even been trying to
mask their motives. Jordi Turull, secretary-general of the Junts per Catalunya
party that props up Pedro Sánchez’ minority government in Madrid, complained to
TV3 that the Spanish National Commission of Markets and Competition and European
authorities had only presented “technical reasons” for allowing BBVA to take
over Sabadell.
“Now is the time for politics,” he said, arguing that “there are enough reasons”
for the government to get involved.
Sánchez’ fragile minority government cannot pass legislation — nor a national
budget — without the support of Catalan political parties that consider
Sabadell’s independence a matter of regional pride. BBVA’s bid to take over the
bank, which was founded in Barcelona over 100 years ago, has consistently faced
broad political opposition in Catalonia. Separatist and unionist politicians
have rallied around the bank, arguing the deal would reduce Sabadell’s presence
in the region, particularly in already underserved rural area (they appear to
have forgiven Sabadell’s rapid relocation of its domicile to the legal safety of
Valencia when Catalonia pushed for independence back in 2017).
GERMAN ROADBLOCKS
Next in line for Commission scrutiny could be Germany, which is anything but
keen for UniCredit to swallow Commerzbank, the country’s second-largest private
sector bank. UniCredit CEO Andrea Orcel’s team received permission from the ECB
in March to raise its stake to 29.9 percent. It currently holds 9.5 percent
directly, and another 18.5 percent indirectly through derivatives, and has
warned that converting those rights into physical shares still requires several
other approvals, including from the German Federal Cartel Office.
But the new government in Berlin hasn’t signaled any greater willingness to
allow a takeover than the previous one under Olaf Scholz. Berlin is still
Commerzbank’s biggest shareholder, with a stake of 12 percent, and Chancellor
Friedrich Merz told reporters in Rome last month that he didn’t see any need to
discuss the deal with his Italian counterparts as it was not in the works for
now.
Such roadblocks are giving Commerzbank the time to mount a vigorous defense. New
CEO Bettina Orlopp announced a radical package of measures in February to
improve profitability and get the bank’s market value up to a level where
UniCredit would struggle to mount a full takeover. That package included some
3,300 job cuts in Germany — precisely the kind of thing that Commerzbank’s
unions had been hoping to avoid when they lobbied the previous government to
stop a takeover.
UniCredit is still holding on to the option of launching a full takeover, but in
March accepted that any such process is likely to last well beyond the end of
this year.
Aitor Hernández-Morales contributed to this report.
Tag - Mergers and acquisitions
BERLIN — Germany’s BioNTech has signed a deal to acquire its former Covid-19
vaccine competitor CureVac for around $1.25 billion (€1.08 billion), the
companies announced today.
Both biotechs are developers of mRNA vaccine technology and were rivals in the
race to produce a Covid-19 vaccine in the height of the pandemic.
BioNTech joined forces with U.S. pharma Pfizer and continues to dominate the
market with its updated Covid-19 shots. After U.S. President Donald Trump’s
attempt to buy the company, CureVac failed to get its candidate approved and
sold the rights to its Covid-19, flu and bird flu vaccine programs last year.
Both German companies have continued mRNA programs on so-called cancer vaccines.
“We intend to bring together complementary capabilities and leverage
technologies with the goal of advancing the development of innovative and
transformative cancer treatments,” Uğur Şahin, BioNTech CEO, stated.
CureVac shareholders will get an exchanged BioNTech share for approximately
$5.46. In total, the current shareholders will hold 4-6 percent of BioNTech.
CureVac will be absorbed by BioNTech and the brand will no longer exist.
Germany invested €300 million into CureVac during the pandemic and held 23
percent of its shares. While the government has sold some shares in recent
years, it still remains a shareholder and has to accept the offer.
The news lands as Europe hatches a plan to boost its bioeconomy with a
forthcoming Biotech Act, which is expected to support the growth of smaller
companies and smooth out the regulatory processes for innovative therapies.
ROME — Italy’s UniCredit said on Sunday it has built a stake of 4.1 percent in
insurance and asset management giant Generali Group, adding another twist to a
highly politicized battle over control of the country’s financial sector.
The Milan-based bank said it also holds another 0.6 percent of Generali on
behalf of clients and their related hedging activities. It said its holding is
“a pure financial investment” that would not affect its balance sheet strength,
and asserted that it has “no strategic interest in Generali.”
However, its move adds an extra layer of complexity to an already confusing
power struggle over Italy’s biggest banks and asset managers, in which the
government of Giorgia Meloni appears to be pushing the creation of a “third
pole” to rival UniCredit and Intesa Sanpaolo with the help of some sympathetic
local billionaires.
The government is keen to ensure that Generali, which last month agreed to
combine its asset management business with that of France-based Natixis, keeps
its appetite for Italian sovereign debt at a time when Rome needs to borrow
nearly €1 billion a day. The Trieste-based conglomerate is the government’s
largest private-sector creditor.
Rome had initially pushed for an alliance between Banco BPM, a Milan-based
lender, and Banca Monte dei Paschi di Siena (MPS), which the government is still
in the process of privatizing after years of restructuring. That intention was
frustrated last year when UniCredit made a formal offer for all of BPM.
UniCredit said on Sunday that it remains committed to that deal, and to
developing its relationship with Germany’s Commerzbank.
Rome is now throwing its support behind a bid by MPS for Mediobanca, a
Milan-based merchant bank that has historically catered to some of the country’s
biggest business empires. Mediobanca is also Generali’s biggest shareholder,
with a 13.1 percent stake. Italian media have reported that the Del Vecchio and
Caltagirone families, which hold just under 10 percent and 7 percent of
Generali, respectively, want to increase their influence at the Trieste-based
insurer.
A person familiar with the matter said that while the purchase of a stake by
UniCredit was not an explicit attempt to exert leverage in the billionaires’
tussle over Generali, it will have an “interesting” effect at a coming board
meeting. The same person noted that UniCredit had started snapping up Generali
shares before MPS’s move on Mediobanca.
People familiar with the matter told POLITICO that UniCredit had built its stake
via derivatives, gaining economic exposure to Generali without crossing a
threshold for mandatory disclosure. UniCredit declined to comment to POLITICO on
that.
Geoffrey Smith contributed reporting.
The United Kingdom’s competition authority cleared Vodafone’s £15 billion tie-up
with telecom rival Three after the companies pledged to spend billions of pounds
to scale up networks.
Vodafone and Three, owned by Hutchison, will also need to cap some mobile
tariffs for customers and give certain contractual terms to mobile virtual
network operators who use its networks to offer competing services. These aim to
resolve concerns that the deal, combining the third- and fourth-biggest U.K.
mobile operators, risked increasing prices and harming smaller players.
The approval marks a step change for the Competition and Markets Authority (CMA)
by accepting companies’ promise to boost investment. It’s usually pushed for
selling off parts of a business to resolve competition problems. The European
Commission’s top merger official said last month that he was surprised the CMA
would clear the Vodafone deal with such a commitment.
Telecom companies have been pushing for regulators to soften a tough stance on
deals after a 2016 veto for a previous U.K. telecoms deal. Mario Draghi’s recent
report on making Europe more competitive suggested that officials take
companies’ investment needs more seriously.
Stuart McIntosh, chair of the CMA’s independent inquiry group, said that the
conditions imposed on the deal mean “the merger is likely to boost competition
in the UK mobile sector and should be allowed to proceed.”
Vodafone said the deal was “a once-in-a-generation opportunity to transform the
UK’s digital infrastructure.”
BRUSSELS — Convincing European Union lawmakers to back her as the bloc’s new
climate and competition chief will be the easy part for Spain’s Teresa Ribera.
If confirmed in her post, though, climate expert Ribera will quickly discover
that the competition leg of her vast portfolio is a major head-scratcher, in a
world where the EU is trying to boost its productivity and relevance in the face
of an increasingly tense geopolitical scene.
As the chief enforcer of state aid rules, Ribera will have the last word on how
EU countries subsidize companies to ensure large, deep-pocketed nations don’t
outspend their smaller neighbors.
At the same time, she’ll oversee the Clean Industrial Deal, a major legislative
initiative to seed the climate-friendly sectors of the future while helping
existing companies cut carbon emissions and compete.
Competition is a weak spot for the Spanish socialist, whose entire career has
revolved around energy and environmental issues. It is also the policy area the
EU is betting on to help unleash economic growth and subsidize the right
investments.
“It’s not clear to us how she’ll do it. There is a risk that there won’t be this
independent watchdog, that the combination of competition with other policy
issues jeopardizes the watchdog component of that role,” said an EU government
official granted anonymity to speak freely.
Vincent Hurkens of the E3G think tank said she faces a “very complex” task to
enable government aid as the economy emerges from the shocks of the pandemic and
the Ukraine war while dealing with concerns that some countries can outspend
others.
“She has, on the one hand, to answer how she can guarantee that level playing
field, but at the same time provide sufficient investment in a time where there
doesn’t seem to be that much of an appetite to go for very ambitious new plans
to secure additional public funding in the EU,” he said.
“So that’s really for her to provide a vision on — how will you square that
circle,” he said.
Damian Boeselager, a German Volt lawmaker, worries that the current European
Commission emphasis on spending is wrong-headed. He said the EU should “start
focusing on startups and scale-ups — and not [on] large state aid to large
players in large EU member states such as Germany.”
BIG TECH TENSIONS
Donald Trump’s reelection as president of the United States has turned up the
temperature for EU efforts to police (largely U.S.-based) Big Tech and
multinational corporations’ megadeals.
Trump vowed last month not to let the EU “take advantage of our companies,”
saying Apple CEO Tim Cook had called him to complain about an EU antitrust fine
and back-tax order.
Apple may now be set to get the EU’s first fine for not complying with digital
competition rules, Bloomberg reported. The European Commission has also raised
the prospect of forcing Google to divest part of its advertising service as part
of a probe likely to finish next year.
“The victory of Donald Trump is closely linked to the support of Elon Musk and
other Tech tycoons who explicitly said they want to avoid any kind of
regulation,” German Green lawmaker Alexandra Geese told POLITICO in an email.
This puts pressure on the Commission “to stand tall by our rules,” she said.
It isn’t clear how Ribera will handle potential U.S. retaliation over decisions
she might have to take to enforce EU rules against U.S. tech firms. Tech doesn’t
seem to be a top priority for her, at least not the way it was for her
predecessor, Margrethe Vestager. Geese and others previously highlighted how
Ribera’s marching orders didn’t target how digital power has concentrated in the
hands of a few companies, mostly from the U.S.
This marks a stark contrast from 10 years of high-powered antitrust enforcement
by Vestager, who made Silicon Valley take notice of Brussels bureaucrats with
hefty fines, back-tax bills and deal vetos.
“We are coming out of two mandates with Margrethe Vestager, who was really a
driving force,” French Renew lawmaker Stéphanie Yon-Courtin told POLITICO. “And
now I’m afraid it’s going to be an empty shell,” she said of the competition
portfolio, pointing to the low prominence given so far to antitrust in what
Ribera has been told to do and what she herself is committing to.
POLICING DEALS AND FOREIGN GOVERNMENT AID
Mergers feature prominently in the instructions Ribera got. She will be under
pressure to reform how the EU checks and blocks deals, with Germany and France
calling for rules to allow bigger airlines and telecom companies. Two high-level
reports recently backed more telecom consolidation and scaled-up firms to make
the European economy more efficient and resilient.
But changing merger rules is easier said than done. Allowing bigger national
champions could come to the detriment of smaller companies and consumers.
“With a big push coming from telecom incumbents and major airlines to get bigger
in European markets, can creating ‘European champions’ not end up in fact
reducing innovation in the European market and therefore harming consumers?”
asked Agustín Reyna of the consumer advocacy group BEUC.
A specific call to police “killer acquisitions,” where big companies snap up
innovative potential rivals, could also lead to friction with U.S. tech or
pharma companies, which have attracted most recent EU enforcement efforts.
Ribera could end up having to defend against accusations that the EU is taking a
harsher line with U.S. deals to protect its own industry.
Another legal weapon, the Foreign Subsidies Regulation, could also put her on a
collision course with U.S. businesses. Although the tool was largely aimed at
creating more checks for Chinese state subsidies, its broad scope has also
netted many firms from friendly states.
“U.S. companies and financial investors are required to go through a complex
process to notify acquisitions, and this could get drawn into transatlantic
trade spats,” warned Philippe Radinger, a consultant at FGS Global.
A crosscutting challenge for Ribera will be managing her time among so many
priorities.
“I’m just wondering when she’s supposed to sleep. It’s not clear to me yet how
she’ll do it,” said German Green lawmaker Jutta Paulus.
Aude van den Hove contributed reporting.
PARIS — The French government on Monday warned an American private equity firm
purchasing a subsidiary of pharmaceutical giant Sanofi that it would face
millions of euros in penalties if it tried to move jobs or drug production
outside of France.
The firm, CD&R, is attempting to acquire control of Sanofi subsidiary Opella,
which manufactures over-the-counter drugs like paracetamol. Sanofi announced on
Monday that it had entered exclusive talks with CD&R for the firm to buy 50
percent of Opella’s shares for around €16 billion.
News of the potential deal sparked widespread criticism from across France’s
political spectrum when talks were announced earlier this month, with
politicians warning it could threaten manufacturing jobs in France and fall
afoul of Europe’s post-pandemic push to secure its supply chains for critical
medicines.
Sanofi said it was selling Opella as part of its effort to focus on vaccines and
innovative drugs. The French government responded to the backlash against the
deal with a warning against offshoring jobs and production, but Paris is keen on
the takeover. On Sunday evening, the government announced the various
stakeholders had sealed an agreement requiring Opella to keep production, jobs
and management in France after the American takeover.
“To ensure that these guarantees are respected with the utmost rigor and
firmness, [there will be] firm, immediate and far-reaching sanctions,” Economy
Minister Antoine Armand told reporters on Monday morning as he presented the
deal alongside Industry Minister Marc Ferracci.
Under the trilateral deal signed by Sanofi, CD&R and the government, Opella will
have to pay a €40 million penalty if it stops production in two of its factories
that produce popular medicines like paracetamol, marketed by Sanofi in France’s
omnipresent yellow boxes of Doliprane, and drugs to treat allergy and digestion
problems.
Workers at the two factories have been on strike since news of the American
takeover broke, as they feared for their jobs. Under the deal, Opella will have
to pay a €100,000 penalty for every single economic-related layoff.
The biggest sanctions aim to preserve Opella’s relations with French suppliers.
The pact requires Opella to purchase the active ingredient for the production of
paracetamol from a future French factory to be opened by Seqens in 2026. Opella
will have to pay €100 million penalty if it doesn’t keep that promise.
The French government, via public investment bank Bpifrance, will also buy
shares of Opella for up to €150 million to have more visibility on company
strategy, but their stake amounts to just a percent or two of ownership.
The Economy Ministry expressed confidence that the agreement’s strict
punishments would help promote France’s strategic objectives of reshoring
medicine production and keeping manufacturing jobs in the country — while also
bringing in a bit of foreign cash as well.
CD&R committed to invest €70 million in Opella’s French operations over the next
five years and to keep the company’s headquarters and research and development
activities in France.
PARIS ― The French government said Sunday it is backing the sale of a subsidiary
of pharmaceuticals multinational Sanofi that produces over-the-counter drugs to
American private equity firm CD&R after obtaining commitments to keep jobs,
production and management in France.
Economy Minister Antoine Armand said the government had been assured the deal,
which is reported to be worth over €15 billion, won’t negatively affect the
supply of essential medicines in France, including paracetamol, nor will it lead
to job losses.
Bpifrance, the country’s public investment bank, will take shares in Opella, the
Sanofi subsidiary that is being sold to the American fund, but will not have a
controlling majority.
“We have obtained guarantees that Opella will remain and develop in France,”
Armand said. “Our demands regarding employment, production and investment will
be respected.”
The takeover has proven highly controversial in France, with politicians from
across the political spectrum warning it could threaten manufacturing jobs and
thwart Europe’s push to secure its supply chains for critical medicines.
As previously reported, however, the French government is keen on the deal.
An economy ministry official told reporters Sunday evening that Paris had
obtained “the highest possible level of guarantees” from the companies in a
trilateral deal including Sanofi, CD&R and the government. The official spoke on
condition of anonymity in line with French government communications policy.
“Blocking the transaction would not have provided more guarantees,” the official
said, noting that foreign buyers would bring “new investment capital” considered
essential to developing France’s medicine manufacturing sector.
The official confirmed that the government will now perform investment screening
on the takeover.
Armand and Industry Minister Marc Ferracci will present the details of the
agreement reached with Sanofi and the American buyer on Monday.
Teresa Ribera is in line to pick up a hefty European Commission role in charge
of the Green Deal, an area she knows well as Spain’s climate minister and as an
international climate negotiator.
But she’s also got another job policing competition, one of the most powerful
Commission policy areas. POLITICO laid out what she’ll need to watch out for.
1. RETURN ON INVESTMENT
Commission President Ursula von der Leyen told Ribera to overhaul competition
policy to make Europe a more attractive place for companies. That aimed at two
things: doing more to take account of the economy’s “acute needs” for mergers —
by allowing more deals in strategic industries — and easing state aid to help
governments funnel cash to industry.
Ribera may have to walk a tight line between these political demands and what
competition law requires her to do in checking — or even blocking — deals and
subsidies.
2. KEEPING BIG TECH IN LINE
Outgoing competition chief Margrethe Vestager brought in strict rules that aim
to set limits on Big Tech power, the Digital Markets Act (DMA).
The Commission is now under pressure to show that it can enforce these rules.
Ribera is tasked with ensuring “rapid and effective enforcement actions” under
the DMA, for which she’ll share responsibility with Henna Virkkunen, set to be
in charge of tech sovereignty.
An immediate priority will be policing Big Tech firms where the Commission
thinks companies may not be in line with their DMA requirements. That sees the
EU threatening fines for some of the world’s richest companies. Google and Apple
have two probes each and Meta has one; all are due to wrap up by March. Another
Apple investigation has a June deadline.
Commission President Ursula von der Leyen told Ribera to overhaul competition
policy to make Europe a more attractive place for companies. | John Thys/Getty
Images
3. FINING TIMES
Vestager was a whirlwind of antitrust action, fining Google more than €8
billion. Ribera may get her chance too. Probes into Facebook’s marketplace and
Google’s advertising technology are at an advanced stage — potentially still
allowing Vestager to sneak out one more big penalty before she goes.
The Google investigation comes after more than a decade of EU frustration over a
search giant whose market share was barely dinted by three antitrust probes. The
Commission waved the threat of breaking up the company’s ad business to resolve
the problems it sees.
Ribera will be in charge of resolving a probe into Microsoft, which the
Commission charged in June for linking its Teams service with its must-have
office software.
4. CATCHING KILLER ACQUISITIONS
Merger officials are worried about Big Tech or Big Pharma firms that scoop up
small innovative rivals in deals that don’t get reviewed by regulators because
the smaller firm’s revenue is too low. The Commission thought it had found a
solution only for the EU’s top court to tell it to think again earlier this
month.
Von der Leyen has now told Ribera to “address risks of killer acquisitions from
foreign companies seeking to eliminate them as a possible source of future
competition.”
How to do that is the tough part. Lowering the existing thresholds for a review
via a legal change risks catching too many deals and exposing merger law to
potential amendments from EU governments and the European Parliament.
5. UNDERSTANDING ARTIFICIAL INTELLIGENCE
Competition enforcers around the world have been sniffing around Big Tech
partnerships with AI startups to make sure the old guard isn’t using its power
to keep smaller players from becoming fierce rivals.
It’s also looking at Nvidia, the main supplier of chips used to power AI. |
Stringer via Getty Images
The Commission is looking at Microsoft’s exclusivity deals with ChatGPT
developer OpenAI and is warning that it is watching the rest of the industry.
It’s also looking at Nvidia, the main supplier of chips used to power AI.
6. FIGHTING FOREIGN SUBSIDIES
The Commission has a new law to clamp down on help that non-EU governments give
their favorite companies that has largely been aimed at Chinese business. So far
it’s been used to probe aid for wind turbines and security scanners.
Von der Leyen seems keen for Ribera to “vigorously enforce” these rules, telling
her to proactively map “the most problematic practices.” What’s less clear is if
she’ll give Ribera the staff she needs to do so.
Emmanuel Macron and Olaf Scholz lead the EU’s two biggest economies, sharing a
280-mile border. But when it comes to protecting Europe from global threats,
these neighbors may as well be on different planets.
At an event in Berlin this week, the French president warned that the EU “could
die” and that if it continues with a “classical” free-trade agenda, it will be
“out of the market” in two or three years. He made the case that Europe should
embrace a more protectionist agenda if it wants to survive.
Scholz meanwhile argued that a push to protect European industries from unfair
trade practices “must not lead to us harming ourselves.” Germany is set to vote
against new EU duties on Chinese electric vehicles on Friday, after Scholz
intervened to toughen up his country’s opposition to the move.
The clash dramatizes the dilemma facing the bloc’s 27 governments at a highly
sensitive moment for global trade. The U.S. presidential election is on a knife
edge and could see Donald Trump reelected in one month’s time. He has past form
playing hardball with the EU on trade and has proposed sweeping new tariffs if
he wins back the White House for the Republicans.
But even Democrat Joe Biden’s presidency has taken American policy in a
protectionist direction, prioritizing domestic firms for hundreds of billions of
dollars worth of industrial investment and tempting European companies to
relocate to the U.S.
With China increasingly assertive especially in critical new carbon-neutral
technology and supply chains, the EU has some choices to make if it wants to
compete. Those decisions will require a large degree of consensus from national
leaders. And the bloc’s two biggest powers can’t seem to agree.
At the Berlin Global Dialogue on Wednesday, Scholz and Macron shook hands,
smiled warmly and then spent the day offering wildly different takes on what
Europe must do next. They diverged on key topics including proposals for joint
EU borrowing, duties on imports of Chinese vehicles and trade talks with South
American countries.
During a Q&A at the event, Macron hinted at his difficulties with Scholz when he
was asked whether he would be able to convince Berlin to issue joint EU debt, as
proposed in an official report by former Italian PM Mario Draghi. The French
leader laughed and said the last time it happened had been in response to the
pandemic, with some help from “a colleague called Covid-19.”
Macron and Scholz discussed the Draghi report on Europe’s competitiveness, which
will be on the agenda of the next European Council summit. Officially, both
Paris and Berlin say they agree with Draghi. But, in reality, they disagree on
the proposed new wave of joint EU borrowing to invest in strategic sectors and
rival China and the U.S. While France has often called for new EU debt and for
repeating the experience of the post-pandemic recovery plan, for Germany that’s
a no-go.
This is not the first time the two leaders have been at loggerheads on European
policy with tensions frequently bubbling over and once culminating in the
cancellation of a joint Cabinet meeting in 2022. It doesn’t help that Scholz and
Macron have very different leadership styles and personally don’t get on
particularly well.
IT’S MY ECONOMY, STUPID
Over the past months, France and Germany made great efforts in public to display
their shared vision for the EU’s economic agenda, signing joint blueprints on
Europe’s industrial policy and co-drafting amendments to the European Council
summit conclusions.
But when it comes to the biggest existential issues facing Europe, Berlin and
Paris systematically disagree.
At the Berlin Global Dialogue on Wednesday, Olaf Scholz and Emmanuel Macron
shook hands, smiled warmly and then spent the day offering wildly different
takes on what Europe must do next. | Ludovic Marin/AFP via Getty Images
France has been the cheerleader of an EU probe into subsidized Chinese electric
vehicles which resulted in provisional tariffs hitting Chinese EVs. Since the
investigation launched last year, Germany raised concerns that it could
backfire. Berlin is expected to vote no in a key EU vote to confirm import
duties proposed by the European Commission on Friday.
But the truth is that despite all the leaders’ rhetoric about having Europe’s
best interests at heart, both Scholz and Macron have their eyes firmly on
domestic concerns.
“We just don’t have the same interests,” said French Senator Ronan Le Gleut,
president of the Franco-German Senate friendship group. “We don’t have the same
priorities, France’s automobile industry doesn’t export in China, or very little
… whereas things like the crisis at Volkswagen worry everyone in Germany.”
On Wednesday, Macron called for more cross-border mergers between EU companies
in a not-so-implicit criticism of the German government, which wants to torpedo
the takeover of Germany’s Commerzbank by Italy’s banking giant UniCredit.
WEAK LEADERS
According to Senator Le Gleut, France and Germany always go through a phase of
disagreement before finally muddling their way toward a compromise. “At the end
of the day we are not going to dislocate the EU over national differences,” he
said. Le Gleut pointed to France and Germany finally reaching a deal on reforms
to the energy market last year.
But even that spat isn’t over. After spending years fighting on whether to
include nuclear power in one list of EU green investments, Paris and Berlin kept
battling over the issue on almost every Brussels text that followed.
France wants to recognize nuclear as a strategic technology and ease state aid
rules for the sector. But a top German official last week warned that EU
resources should not be spent on nuclear power.
It’s also getting harder for both Berlin and Paris to make concessions that will
upset voters at home, even if their countries benefit from a compromise.
The French president faces a fractured National Assembly and a surging far
right. Meanwhile, Scholz, whose party has suffered a series of election defeats,
is eyeing a federal election that is due by next September but could come
earlier if his government falls apart.
Frustrations are also growing in both capitals over the other’s perceived
inability to budge on the EU’s existential questions.
On free trade, Nils Schmid, a German lawmaker for Scholz’s Social Democrats said
many countries would rather be “trading with the EU than with China.” But if the
EU continues to drag its feet on the deal between the EU and the South American
Mercosur trade bloc, “it’s China who will be redefining trade rules.”
“There is a geopolitical dimension — often the French accuse the Germans of not
thinking about geopolitics, but there we feel that they are stuck in their
Franco-French thinking,” said Schmid, who is also a member of the Franco-German
parliamentary assembly. “Impatience is growing in Germany,” he said.
Hans von der Burchard and Koen Verhelst contributed reporting.
An Italian bank making a big move to buy into a German bank sounds like exactly
the sort of tie-up Europe’s leaders have spent years crying out for, so the EU
can rear more home-grown heavyweight corporate champions to compete with rivals
from the U.S. and Asia.
Now that UniCredit this week actually made a swoop on Commerzbank, however, the
devotees of deeper EU integration look set to be disappointed as Berlin’s
domestic interests — once again — outweigh pan-European dreams.
German Chancellor Olaf Scholz’s instant condemnation of UniCredit’s “unfriendly
attack” suggests that ambitions for the cross-border scaling-up of the EU
financial sector will remain, as they have been for a decade, just empty talk.
“All member states, not only Germany, are calling for greater financial
integration, but when faced with potential takeover of national champions they
start having ‘second thoughts’,” said Italian MEP Irene Tinagli, a former chair
of the European Parliament’s economy committee.
The fear in Berlin is that the Italians, should they take a bigger stake in
Commerzbank than the German government, could sap lending to Germany’s prized
Mittelstand, the small-and-medium sized manufacturers that are viewed as the
backbone of the economy.
This hostility from Scholz is infuriating politicians and economists from other
EU countries who have long accused Germany of prioritizing its own interests to
the detriment of the European single market. Many cast Berlin as an arch villain
during the Covid crisis and Ukraine-related energy shock of 2022 when its
protectionist instinct was to massively subsidise its domestic industry without
regard to damage to the internal market, particularly in smaller EU countries
that could not afford to compete with such largesse.
“It would be a very bad signal for the integration of the European financial
market … if this was blocked not on the basis of shareholder evaluations, but on
the basis of purely political and protectionist considerations,” said Giovanni
Sabatini, senior advisor at Grimaldi Alliance, a law firm, and former head of
the Association of Italian Banks.
“The more we succeed in creating large banking groups in Europe that are close
in size and weight to their U.S. competitors, the better for the competitiveness
of the European economy,” Sabatini added.
BANKING UNION
Building scale and interconnection between the finance sectors of EU countries
has been the goal of European leaders for a decade, and goes by the name of
Banking Union. That means, in part, allowing mergers to build large banks that
span borders and are not tied to the fortunes of their home country governments
— a nexus that cost the region dear a decade ago.
Given banks’ dominance of Europe’s financial sector, Banking Union, is
inextricably bound up with the EU’s Capital Markets Union project. In his recent
report, former European Central Bank President Mario Draghi pointed to the
fragmented financial landscape as a drag on growth and on wealth creation . The
largest U.S. bank, JPMorgan Chase, is worth more than the top 10 European banks
combined.
A more consolidated European banking sector would raise efficiency and could cut
the cost of capital for businesses, Draghi wrote, by doing more to turn the
massive savings piles of Europeans into investment.
“We need to have these mergers,” said Karel Lannoo, who heads the Brussels-based
CEPS think-tank. “We should be extremely happy that there is somebody like
[UniCredit CEO Andrea] Orcel. He has proved he can do it. He has more than
doubled UniCredit’s market value — even before Commerzbank came into play.”
The fear in Berlin is that the Italians, should they take a bigger stake in
Commerzbank than the German government, could sap lending to Germany’s prized
Mittelstand. | Thomas Lohnes/Getty Images
But Scholz on Monday said he was opposed to a takeover after the Italian lender
said it acquired the rights to another 12 percent of UniCredit stock through
derivatives, raising its stake to around 21 percent. That would make it the
bank’s biggest shareholder, ahead of the German government.
Unfortunately, said Tinagli, “[The] Banking Union … seems to be worthwhile only
if one is a predator and not a prey.”
COMMUNICATIONS DISASTER
“Following on the heels of the Draghi report, this is a communications
disaster,” former ECB Chief Economist Peter Praet told POLITICO. Pointing to
the experience of Belgium, where French and Dutch banks have moved in, Praet
said he didn’t see how a takeover would pose any risks to the German economy.
Praet cautioned that elements of the deal may still be unknown, but argued that,
even if the German government had good reason to oppose a takeover, it should
have communicated them more soberly, instead of delivering the “sort of chaotic,
too passionate, too emotional reaction” that questioned the rationale of
cross-border consolidation.
Some Germans, at least, agree.
“The German government’s actions have failed to meet either national or European
interests,” said Stefan Berger, a German MEP with the center-right European
People’s Party (EPP) group.
Even Germany’s liberal finance minister, Christian Lindner, meanwhile, appeared
to distance himself from Scholz’s hard line on Tuesday. Asked what the
government could do to stop a takeover, he replied: “That is a matter for the
management and board of Commerzbank.”
WHAT’S SAUCE FOR THE GOOSE…
Much like Germany’s Lufthansa buying a struggling Alitalia from Rome, some say
UniCredit should be given the chance to buy its weaker German counterpart.
Italy’s Deputy Prime Minister and Foreign Minister Antonio Tajani said there was
a “free market in Europe” and called out what he saw as double standards.
“If one transaction makes sense in eurozone banking it’s this one,” added
Nicolas Véron, a banking expert with the think-tank Bruegel, adding that it was
particularly a good deal for Commerzbank shareholders. The bank’s shares are up
20 percent since UniCredit’s approach.
But Stefan Wittmann, a union representative and a member of Commerzbank’s
supervisory board, pointed to the possible downside. He said it would likely
lead to widespread job losses, something that’s happened at other banks taken
over by Orcel.
Wittmann also cited UniCredit’s large holding of Italian government bonds.
Sudden volatility in the Italian financial markets could “have a domino effect”
on the German economy if the deal goes ahead, he warned.
Véron pushed back against that argument, pointing to the fact that UniCredit is
already more geographically diversified than many European banks. At the end of
June, Italy accounted for only 35 percent of UniCredit’s €108 billion sovereign
bond holdings and 38 percent of its €383 billion loan book, with Germany and
Central Europe together accounting for more.
Olaf Scholz’s instant condemnation of UniCredit’s “unfriendly attack” suggests
that ambitions for the cross-border scaling-up of the EU financial sector will
remain. | Sean Gallup/Getty Images
Scholz may want this problem to just go away — indeed, with his political
coalition beset at all sides and his future at the head of the Social Democratic
Party (SDP) in jeopardy, he has bigger things on his mind. But, judging by
Orcel’s past (he successfully sued Santander for millions after it reneged on an
agreement to hire him), he is not one to give up easily.
Nor is he likely to be forced to. The ECB will soon be processing a request from
UniCredit for permission to raise its stake to as much as 30 percent. While it
is bound by procedure, Draghi’s successor Christine Lagarde made little attempt
to hide her support for the idea at her last press conference, saying:
“Cross-border mergers have been hoped for by many authorities, and it will be
very interesting to see that process unfold in the weeks to come.”
Given that elections to Germany’s federal parliament are only a year away, Orcel
may just have to bide his time.
“My view is that it’s a long game,” said Bruegel’s Véron. “One way to look at it
is: Which of the two has more staying power, Andrea Orcel or Olaf Scholz?”