Banking risk

Unicredit-Banco Bpm, securities on the move after the TAR decision

The institute led by Giuseppe Castana gained 2.5% following the ruling of the administrative judge and the incoming letter from the European Commission on golden power

by Mo.D.

MILANO DALL’ALTO GRATTECIELO UNICREDIT UNICREDIT, GOVERNO TEDESCO RINUNCI ALL’ACQUISIZIONE DI COMMERZBANK - FOTO ARCHIVIO

3' min read

3' min read

Purchases on the stock of Banco Bpm after the decision of the Lazio Regional Administrative Court on golden power. The shares of the institute led by Giuseppe Castagna gained more than 2.5%, while Unicredit, which had opened with a loss of more than 1%, recovered after the first part of the session, limiting its loss to below half a percentage point. The news that the Lazio Regional Administrative Court partially upheld the appeal with which UniCredit challenged the legitimacy of the golden power exercised by the government for the takeover bid launched on Banco Bpm and after the French Credit Agricole announced on Friday, with the markets closed, that they had asked the ECB for authorisation to increase their stake in the capital of the Piazza Meda-based institution to over 20%.

A UniCredit board meeting is expected shortly to review the TAR decision and assess the next steps. In fact, the takeover bid expires on 23 July (unless further suspended). Meanwhile, according to rumours, the letter from DG Comp on golden power could already arrive today.

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Unicredit's next steps

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UniCredit announced that it will assess the next steps in its bid for Banco Bpm, after a ruling by the regional administrative court of Lazio raised doubts about the actual feasibility of the transaction in light of the conditions imposed by the Italian government.

In a statement released on Sunday, UniCredit called the court's decision "unequivocal proof of the illegitimacy of the use of Golden Power," the tool that allows authorities to block or bind transactions involving strategic assets. "UniCredit will now assess all relevant steps at the appropriate time," the note reads.

In its statement on Sunday, UniCredit also stigmatised what it called an 'often misleading campaign' by Banco Bpm to discredit the offer, arguing that this could have deprived Piazza Meda's shareholders of the possibility of obtaining an improvement on the terms, had the process been conducted in an orderly manner.

CEO Andrea Orcel now has a narrow time window: the offer period will expire on 23 July. A board of directors of the bank should therefore be convened shortly to analyse developments and make decisions on what remains to be done. And the market, given how Banca Bpm's share price is moving, does not rule out a possible raise in the offer price either.

The Tar's ruling

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The ruling, published on Saturday, annulled two of the conditions imposed by the Italian executive to authorise the takeover of the Milanese bank, but confirmed other prescriptions that CEO Andrea Orcel had previously indicated as potential obstacles to the deal's success. There were two specific points of acceptance: the one requiring that "Banco Bpm and UniCredit in Italy do not reduce the loan/deposit ratio for a period of five years, with the aim of increasing lending to domestic households and SMEs", exclusively with reference to the time profile; and the one relating to maintaining the level of the project finance portfolio.

The ruling of the TAR confirmed the government-imposed requirement for UniCredit to exit its Russian operations and maintain its domestic investments in the asset management company Anima Holding, recently acquired by Banco Bpm. However, UniCredit made it clear that the administrative court does not have full jurisdiction over the Russia issue.

Banco Bpm, for its part, said in a note released on Saturday that the decision confirms the legitimacy of the government's conditions and called on UniCredit to clarify its position on the current offer. Government sources also read the ruling as largely confirming the legitimacy and structure of the conditions imposed.

Credit Agricole's move

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To further complicate the picture, Credit Agricole announced, shortly before the publication of the ruling, that it had applied for regulatory approval to increase its stake in Banco BPM.

The French group, which currently holds 19.8% of Banco Bpm, is aiming to slightly exceed the 20% threshold, while specifying that it has no intention "to acquire or exercise control" over the Italian bank. Credit Agricole, which has long been active in the capital of the Milanese bank, collaborates with the institution on consumer credit and non-life insurance activities. In parallel, its subsidiary Amundi relies heavily on UniCredit for the distribution of its products in Italy.

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