Europe’s competition regulator has fired a major warning shot at two of the world’s biggest exchanges – Deutsche Boerse AG and Nasdaq Inc. The European Commission (EC) has opened a full-scale antitrust investigation into the firms, suspecting they may have struck non-competitive agreements in the listing, trading, and clearing of derivatives.
The move has rattled markets and reignited debate over how far regulators are willing to go to keep financial markets fair.
Deutsche Boerse shares tumbled more than 7%, their sharpest fall in two years, while Nasdaq slipped 1.7% in U.S. pre-market trading as investors braced for potential fallout.
What’s Behind the Probe
The EC believes the two exchanges may have coordinated prices, divided market demand, or exchanged sensitive commercial data – behavior that could breach EU competition rules. The concerns trace back to a 1999 cooperation agreement between Eurex, Deutsche Boerse’s derivatives arm, and HEX, a Finnish derivatives exchange later acquired by Nasdaq.
Nasdaq insists the deal was legitimate and transparent.
“Nasdaq believes that the cooperation was lawful,” the firm said, noting that the agreement was discussed with the European Commission and that “no objections were ever raised until after the cooperation had ended.”
Deutsche Boerse struck a similar tone, calling the partnership “pro-competitive” and designed to boost liquidity and efficiency in the Nordic derivatives market. Both firms say they’re cooperating fully with investigators.
EU’s Crackdown Widens
The investigation follows raids in September 2024 at both companies’ European offices, just months after Deutsche Boerse’s European Energy Exchange (EEX) called off its planned purchase of Nasdaq’s Nordic power trading unit amid competition concerns.
The EC’s formal probe gives it the authority to impose fines of up to 10% of global annual revenue if violations are confirmed.
While the opening of an investigation doesn’t imply guilt, it signals Europe’s growing intolerance for any hint of market collusion.
Growth Continues Despite Scrutiny
Interestingly, Deutsche Boerse isn’t slowing down. On the same day the probe was announced, the firm revealed that the European Central Bank will join Eurex’s centrally cleared repo market in Q1 2026, a major step in expanding its market infrastructure.
What direction will this crackdown move in? Time will tell.
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