(Source: Irish Times)

The European Commission's demand that Royal Bank of Scotland and
Lloyds sell assets will be closely watched, writes MARK HENNESSY ,
London Editor
HUNDREDS OF bank branches throughout the UK, along with insurance
businesses and credit card payment operations belonging to Royal
Bank of Scotland (RBS) and Lloyds Banking Group will go under the
hammer over the next four years.
The two banks did not want to sell. Chancellor of the exchequer
Alistair Darling did not want to force them to do so. But European
Competition Commissioner Neelie Kroes insisted. And she got her way.
The question that may exercise top executives in AIB and Bank of
Ireland now is what attitude commissioner Kroes will take when
finally she sits down to decide on their restructuring plans.
The two major banks hold more than half of all outstanding debt
in Ireland, though competition at the retail end of the market is
better than in many EU states. But the commission draws a
distinction between market distortion and competition.
Bank of Ireland lodged its paperwork on September 30th. It is now
dealing with follow-up queries and has not had "any clear
indications" as to what the commission thinks of its application.
AIB has until the end of this month to file.
The commission's power is being seen elsewhere. Dutch bank ING
last week said it would divide its banking and insurance businesses,
sell online bank ING Direct, and pay the Dutch government extra fees
to satisfy Brussels.
Typically, neither the British prime minister nor the chancellor
gave the commissioner any of the credit for the sell-off order,
implying instead that it had come on their initiative.
Back in July, the commission laid down a number of principles to
govern the restructuring of banks left struggling by the credit
crisis, including measures to limit "distortions of competition".
"Distortions may come from prolonging the bank's inadequate or
excessively risky past behaviour and/or from maintaining its market
presence to the detriment of competitors," the Competition
Directorate General said. Large state support "may require some
adjustments including structural measures, such as divestitures"
spread over a number of years, or "constraints on acquisitions or on
aggressive pricing and marketing strategies funded by state aid".
RBS chief executive Stephen Hester acknowledged the need to sell
some of the bank's branch network, but the forced sale of other
businesses, including RBS Insurance "neither improve competition nor
make our task of repaying the taxpayer easier".
Essentially, the commissioner has decided RBS should be given a
hiding to deter others from the kind of foolishness that the bank
carried on with under the command of Fred Goodwin. Kroes has decided
that RBS has to be made an example of for taking so many risks
during the boom years that it now needs a mind-boggling amount of
taxpayers' support.
It will have to part with its Churchill and Direct Line insurance
units that handle up to 17 million policies annually, though it
should be able to get a decent price given that it has been given so
long to get rid of them - assuming that matters do not take another
turn for the worse.
The scale of the failure by the Financial Services Authority and
regulators elsewhere is starkly illustrated by the FSA's decision
that both banks must, in future, hold nearly 10 per cent of "tier
one" capital - four times what was required before the global crash.
The details of the RBS/Lloyds agreement with Brussels may hold
other lessons for banks in Ireland, since both have agreed not to
pay dividends on preference share, or B shares for two years "unless
legally required to do so".
The Irish Government invested [euro]7 billion in preference share
capital in both Bank of Ireland and AIB, with an 8 per cent coupon
attaching, which could be converted into ordinary shares in the next
five years at the original price. The British government, for its
part, has committed itself to invest pound(s)25.5 billion in B
shares with a 7 per cent coupon - which would have been worth
pound(s)1.8 billion, or so a year to Her Majesty's Treasury.
The restriction imposed by Brussels will affect pension fund and
insurance company investments in the two banks, as the Association
of British Bankers was quick to point out once the detail had been
parsed and analysed.
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