BRUSSELS, March 26 (Reuters) - UBS on Wednesday
lost an initial court challenge against a 172.4-million-euro
($186 million) EU cartel fine as Europe's second-top court
largely sided with a decision by EU antitrust regulators.
The European Commission in its 2021 decision, which had
imposed a total fine of 371 million euros ($400 million), said
the cartel, which also included Bank of America ( BAC ), RBS
(now known as NatWest ( NWG )), Natixis and WestLB (now known as
Portigon), ran from 2007 to 2011.
UniCredit's and Nomura's fines were
trimmed in the court decision on Wednesday.
The Luxembourg-based General Court said it "largely confirms
the decision of the (European) Commission" but also "moderately
reduces the amount of the fines imposed on UniCredit and
Nomura".
"Any anticompetitive conduct on the part of an employee is
attributable to the undertaking to which he or she belongs.
Accordingly, banks are liable for the conduct of their traders,"
judges said.
The EU antitrust decision had said that traders from the
banks exchanged information on prices and volumes offered in the
run-up to the auctions and the prices being shown to their
customers or to the market in general via multilateral chatrooms
on Bloomberg terminals.
All the banks except for NatWest ( NWG ), which alerted the cartel
to the authorities, subsequently challenged the EU decision at
the Luxembourg-based General Court, Europe's second-highest.
Nomura's 129.6 million euro fine was trimmed to 125.6
million and UniCredit's 69.4 million euro penalty cut to 65
million.
The EU competition watchdog had not fined Bank of America ( BAC )
and Natixis because their infringement fell outside the
limitation period for imposition of fines, while Portigon's fine
was reduced to zero because it did not have any net turnover in
the last business year.
The banks/Commission can appeal only on points of law to the
Court of Justice of the European Union, Europe's highest.
European and U.S. regulators have imposed billions of euros
in fines on the banking sector in the last two decades for
activities that included the rigging of various benchmark
indices.
The cases are -441/21 UBS Group et UBS v Commission,
T-449/21 Natixis v Commission, T-453/21 UniCredit and UniCredit
Bank v Commission, T-455/21 Nomura International et Nomura
Holdings ( NMR ) v Commission, T-456/21 Bank of America and Bank of
America Corporation ( BAC ) and T-462/21 Portigon v Commission (European
government bonds).
($1 = 0.9266 euros)