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Mps-Mediobanca: no investigation on Mef, investigation advances

According to the investigators, the CEO of Mps, Luigi Lovaglio, played the role of 'external competitor' and 'facilitator' of the operation

Vista dell'ingresso della sede del Monte dei Paschi di Siena (MPS), la più antica banca del mondo, che sta affrontando massicci licenziamenti nell'ambito di una prevista fusione aziendale, a Siena, Italia, 11 agosto 2021. REUTERS/Jennifer Lorenzini/Foto d'archivio

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

Within the alleged 'concert' to take over Mediobanca, the role of the CEO of Mps, Luigi Lovaglio, is defined by investigative sources as that of an 'external competitor' and 'facilitator' of the operation. This is because, according to what has emerged from the investigations so far, the banker "is not interested in controlling" Mediobanca, nor does he act "in the interest of Mps," but he provides, according to the prosecutors' thesis, "a causal contribution" to the hypothesis of market rigging. His would be, therefore, an alleged 'causal contribution to the realisation of the concert' together with Francesco Gaetano Caltagirone and Francesco Milleri. The very fact that the Opas "was not made in the interest of the bank" means that Rocca Salimbeni is not under investigation under Law 231 on the administrative liability of entities.

No findings on Mef, investigation advances

"The Mef is not under investigation, is not a natural person, is not interested in the control of Mediobanca and is not the subject of an investigation". This is what has been reported by judicial sources investigating the operation that brought Mediobanca under the control of Mps. An investigation that, at the moment, sees the entrepreneur Francesco Gaetano Caltagirone, the president of the holding Delfin, Francesco Milleri, and the same CEO of Monte dei Paschi, Luigi Lovaglio, under investigation with the hypothesis of alleged market rigging and obstruction of the supervisory authorities.

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The investigation, continue the same sources, 'is far from over' and, after the seizures made in recent days, there is now 'a lot of material that needs to be worked on'. Even the Generali company, they explain, 'is not under investigation'.

According to the Milan Public Prosecutor's thesis, Mps's takeover of Mediobanca 'was not made in the bank's interest'. In fact, as emerged from the contents of the search decree, the work of the Milanese prosecutors started from the way in which the third placement of a share in Rocca Salimbeni by the Treasury was carried out, and from there the investigation began. But the investigation is not on the MEF ('the government is not interested in scaling up' say investigative sources), just as Abb's modalities do not constitute a crime hypothesis because 'it is not a public tender'. On the part of the Ministry of the Economy, rather 'the intention, probably, of wanting to convey Mps' participation to a specific recipient' has emerged.

The same sources, on the other hand, define as a 'revelatory passage' the outcome of the subsequent Mediobanca shareholders' meeting, in which last August the shareholders rejected the operation on Banca Generali (in exchange for the 13% share of the Generali company held by Piazzetta Cuccia). And even there they hypothesised a 'concert', precisely because in the shareholders' meeting that day they expressed 'a concerted majority that blew up the takeover bid on Banca Generali'. It was a meeting which, in the eyes of the investigators, was of 'great importance', since 'they counted themselves there'. A sort of 'rallying call of all those who could vote against or abstain'.

Mps-Mediobanca, opposizioni contro Giorgetti: chieste spiegazioni in Aula

EU Commission, no comment on ongoing investigation

The European Commission did not wish to comment on the ongoing investigation into the Mps-Mediobanca transaction 'In principle we do not comment on ongoing judicial investigations in the countries, more generally we can recall that on the EU decision on state aid (to Mps) of 2022, following the sale of the majority of the Italian shareholding in Mps, it is no longer bound by its commitment to refrain from acquisitions. This means that it is able to take whatever corporate action it deems appropriate to pursue its own business interests'. This was indicated by a Brussels spokesperson, who added: 'The last thing I can say is that, from a merger control point of view, the acquisition of Mediobanca by Mps has not been notified to the Commission as it did not meet the EU thresholds. It was examined by the Italian Competition Authority, which approved it in July 2025. That is all we can say on the matter from this point of view'.

From prosecutors report to Consob and ECB before seizures

Consob and the ECB received a detailed report from the Milan Public Prosecutor's Office in the days preceding the last seizures made (on 27 November) as part of the investigation into Mps's takeover of Mediobanca. This is what we learn from judicial sources. The various supervisory authorities, it is reported, 'were promptly informed of all the investigation activities'. The prosecutors thus provided Consob and the ECB with an accurate picture of the state of the art of the investigation, which hypothesised a 'concert' in the Rocca Salimbeni takeover of Piazzetta Cuccia. There has therefore been a close 'interlocution' in recent months between the investigators and the authorities supervising the stock exchange and the banks.

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