State Aid: Commission approves restructuring of ABN AMRO Group, subject to conditions

06 April 2011

The conditions include a ban on acquisitions and a requirement to achieve certain margin profit levels in the private banking sector, where the bank has a strong position, in order to prevent the bank from using the aid to undercut competitors.

The Commission has approved under EU state aid rules a support package and restructuring plan for the ABN AMRO Group, subject to certain conditions designed to consolidate the viability of the group. It will ensure an appropriate own contribution to the cost of restructuring, and prevent the public funds from being used to finance an aggressive business strategy to the detriment of competitors, who have to operate without state aid. After an in-depth investigation and a temporary approval of additional recapitalisation measures, the Commission concluded that, subject to these conditions, the total aid package is in line with EU rules that allow aid to remedy a serious disturbance in a member state's economy (Article 107(3)(b) of the Treaty on the Functioning of the European Union). The restructuring package has been implemented since October 2008, when the Dutch State purchased Fortis Bank Nederland and the Dutch activities of the then existing ABN AMRO Bank, which then merged to form ABN AMRO Group.

Commissioner Almunia said that the conditions set by the Commission to accompany the restructuring plan will effectively ensure that the aid is used to make the ABN AMRO Group viable in the long term and prevent the aid finances competition from distorting initiatives.

The ABN AMRO Group results from the merger of Fortis Bank Nederland and the Dutch activities of the then existing ABN AMRO Bank. When Fortis SA/NV run into acute difficulties subsequent to the high price paid for the Dutch activities of ABN AMRO Holding and its large holding of structured credits, the Dutch state purchased Fortis Bank Nederland, including the Dutch activities of ABN AMRO, on 3 October 2008, and provided it with liquidity facilities in order to implement the separation from Fortis Bank. Fortis Bank Nederland repaid the loan facilities in mid 2009, partly through the issuance of also state guaranteed longer term bonds.

Besides this liquidity support, the two entities received different support measures. The Commission's investigation found that the recapitalisation measures taken between October 2008 and January 2010 represent an aid amount of between €4.2 and €5.45 billion. Certain measures, such as the purchase price of €12.8 billion paid by the Dutch State to Fortis Bank SA/NV for acquiring the two entities, while they represent a cost for the Dutch State, were not considered as representing state aid to the two entities since the latter did not receive the corresponding money. The Dutch State owns 100% of the merged Fortis/ABN Amro.
 
Press release

 

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