A worker passes through a walk in an Office of Goldman Sachs in London on April 20, 2010.
Credit: Reuters/Toby MelvilleBy
John or ' Donnell and
luke bakerBRUSSELS | Friday, April 29, 2011 8: 18 pm EDT
Brussels (Reuters) - the 28 billion dollars credit permutas market fell under investigation Friday by the European Union, adding to official pressures bearing down on a huge and opaque business that many blame for aggravating the recent Bank and euro zone debt crisis.
The European Commission, the EU executive body, said it was probing whether big investment banks, including Goldman Sachs and JP Morgan, robberies in its operations in a market which is already under scrutiny by the authorities American and be the subject of broad, new regulations.
Or CDS, credit default swaps are derivatives that allow a risk of non-payment of loans from transfer buyer to a seller, making them a kind of insurance against default. CD also can be purchased by speculators without direct interest in the debts involved.
CD played a central role in the near collapse of AIG in 2008, prompting a massive rescue of former insurance giant U.S. taxpayer. Contracts have also been at the heart of the debt crisis engulfing some weaker States.
The survey of us comes as the struggles of 27 Nations, together with the United States block, to complete an offensive of the Government for months now in the wide, 600 billion dollars in exchange markets of derivatives, including the CDS.
"CD a role for financial markets and the economy", said of the EU, Joaquín Almunia, Commissioner antitrust said in a statement announcing the investigation of two tracks.
"Recent events have shown, however, that the trade of this kind of assets is suffering a number of inefficiencies that cannot be settled by single regulation," he said.
Almunia added that could lead to a lack of transparency to the abusive behavior and expected that the probe could improve financial markets and help economic recovery.
The Department of Justice of United States in 2009 launched an investigation into anti-competitive practices in the trade, compensation, and the prices of CDS in the United States. A spokesman of the United States Department of Justice refused to comment on the EU continue.
Unlike other products, such as the grain or metals futures, credit derivatives are the transfer of risk. "Is a function of banking which has become by this small group of banks in a commercial instrument," said Karen Shaw-Petrou, Manager at consultancy firm Federal financial analysis.
"The problem is that no one knows that nothing is worth unless or until the entity against which the CD is placed defaults..." That's what makes very opaque, "he said."
GREEK CRISIS
In Europe, CDS, moved to the center of the stage last year as Greece grappled with higher costs, blaming the move of speculators that raise the costs of insurance by default.
The European Commission, which regulates competition in the EU, said that it would investigate if 16 investment banks had cooperated or abuse of a dominant position in the market.
The CDS market opaque, which industry players say that the only record of some offers of multimillonario-euro is only a fax, has frustrated politicians who have struggled to understand it because there are few central records of trade.
"It is not a transparent market," said Petrou Shaw. "It is a liquid market... but there is no real evidence of non-value exchanges from time to time that are impossible to verify because it is not a public Exchange".
The probe could hit banks bottom lines as the EU can well companies up to 10 percent of income and are handed out sanctions as large as 1 billion euros ($1.5 million).
Analysts said CDS trade was too concentrated. "80% Of transactions in derivatives on both sides of the Atlantic are performed by the eight banks," said Karel Lannoo, Centre for studies of European policy, a think tank.
Countries of the EU and the Parliament of the region are trying to agree how to modernise the rules of the market of derivatives, with some legislators openly call for bans on speculative trading of CDS. Such calls were heard two years ago in the United States, but major CD distributors were able to silence them.
On the other hand, the reforms of the financial regulation Dodd-Frank 2010 mandate the first regulation of comprehensive U.S. of derivatives of shutdown of exchange, including CD. Now, legislation is being implemented by regulatory agencies.
The reforms mandate standardization and more trading on exchanges or electronic platforms of derivatives. Most appropriate instruments to this end, requires more central clearinghouses use and disclosure of the transactions.
A comparable level of detail has not yet emerged from us debates on oversight of derivatives, some concern among regulators that could slow the momentum of global amid divergent regulatory approaches to regional reforms and strong resistance from the banks that defend their business models.
MARKIT EYES
The European Commission said that it will also investigate any collusion by Markit, which provides prices and whose shareholders are the 16 banks. Markit denied any misconduct.
"Markit does not have exclusive agreements with any provider of data and makes its data and products widely available to the participants of the global market," he said in a statement.
The EU said that it would investigate to nine of the 16 banks and Europe clear of ICE, a clearing house CDS property of operator of Exchange InterContinental Exchange, to see if fees preferential competitors affected banks.
16 Banks examined are: JP Morgan, Bank of America Merrill Lynch, Barclays, BNP Paribas, Citigroup, Commerzbank, Credit Suisse, Deutsche Bank, Goldman Sachs, HSBC, Morgan Stanley, Royal Bank of Scotland, UBS, Credit Agricole and Wells Fargo Bank/Wachovia, Societe Generale.
The banks also wanted to comment on the name or they were not immediately available.
(Additional reporting by Arno Schütze in Frankfurt, Emma thomasson in Zurich, Kevin drawbaugh, sarah lynch and Diane bartz in Washington and William James in London; edit by rex merrifield and Alexander Smith, Gary hill)
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