Business
EU Warns Italy Over Golden Power Use in UniCredit-Banco BPM Merger
The European Commission has issued a formal warning to Italy over its use of special powers to impose conditions on UniCredit’s proposed €10 billion takeover of Banco BPM, raising concerns that the move may breach European Union law.
The warning, delivered on Monday, follows an investigation into a government decree issued by Rome in April. The Commission said that the Italian government’s use of the “Golden Power” rule may violate Article 21 of the EU Merger Regulation (EUMR), which governs competition and merger rules within the bloc, as well as other EU laws relating to the free movement of capital and the role of the European Central Bank.
Golden Power rules allow EU member states to restrict or impose conditions on corporate mergers in the interest of national security or strategic economic sectors. However, Brussels has questioned whether Italy’s use of the mechanism in this case—between two Italian banks—meets the criteria.
“The Commission considers that the obligations imposed by Italy may constitute a breach of Article 21 of the EUMR and other provisions of EU law,” the Commission said in a statement, adding that the government’s justification for the decree “currently lacks sufficient reasoning.”
The Italian Prime Minister’s office issued the decree on April 18, placing conditions on the potential merger. However, the European Commission had already approved the UniCredit-Banco BPM deal “subject to conditions” on June 19 and believes Italy should have notified Brussels prior to enforcing the decree.
The Commission requested further information from Italy on May 26, receiving a response on June 11. However, EU officials remain unconvinced and have warned that the unilateral move risks undermining the EU’s Single Market.
Banco BPM, Italy’s third-largest bank, was formed in 2017 through the merger of Banco Popolare and Banca Popolare di Milano. UniCredit, the country’s second-largest lender, has made a €10 billion bid to acquire it. Banco BPM rejected the offer last year, arguing that it did “not reflect the bank’s profitability or growth potential.”
The legality of the government decree has already been challenged domestically. An Italian court partially annulled the measure on July 12, adding pressure on the government to revise or withdraw its conditions.
The offer period for UniCredit’s proposed acquisition is currently set to expire on July 23. In the meantime, the Commission is awaiting further responses from Italy before deciding on any next steps, including potential legal action.
The case has reignited debate over the balance between national sovereignty in strategic sectors and the integrity of the EU’s internal market rules.
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