For seven business days, any citizen can raise their position before the Government regarding the hostile OPA launched by the Sabadell Bank. The Ministry of Economy, Commerce and Business has opened, until Friday, May 16, a public consultation “on criteria of general interest affected by the operation”, announced this afternoon the department directed by Carlos Corps just
In a, of which four are basic data and six are direct questions, the Ministry launches an initiative that considers “respectful of the procedure, deadlines and the competences of all the institutions involved in the process.” “As in other public consultations in our regulatory framework, those citizens, organizations, associations and economic agents that may be affected by the operation can participate,” says the statement.
“It is intended to obtain information that facilitates a complete assessment before deciding whether or not the operation of bank concentration rises to the Council of Ministers,” concludes the Ministry of Economy whose first questionnaire question already establishes the final objective of the consultation: “Do you consider that there are criteria of general interest other than the defense of the competition that can be affected by the BBVA/Banco Sabadell Bank?”
Next, and taking into account that the citizen who wants to participate is not informed of the competence criteria, the following question ready those other criteria of general interest that could interfere in the process, and that they are defense and national security; Public health or health protection; free circulation of goods and services within the national territory; Environmental protection; Promotion of technological research and development; guarantee of adequate maintenance of the objectives of the sector regulation; or others.
The third question invites you to extend those “other” reasons with a maximum of 2,000 characters in the answer while the fourth seeks to expand the arguments given and that it is exposed “to what extent considers that these criteria of general interest can be affected by the operation” “value the estimated impact”, it is added, with a maximum of another 2,000 characters.
Finally, the penultimate question questions whether “measures can be established to protect the criteria of general interest indicated above”, with a closed response of “yes” or “no” and the last one states that they propose what measures could or should be taken.
The Ministry, in the form of the form, briefly explains the process on which the consultation opens and is based on the resolution of the National Commission of Markets and Competition (CNMC) on the BBVA OPA to the Sabadell which, in turn, entered the supervisory inch in May 2024 and whose resolution was known on April 30.
Economy admits to having received this Monday the notification of said resolution, which opened the so -called third phase of the concentration procedure. During this phase, in accordance with the provisions of article 60 of the Law of Defense of Competition, and in accordance with the deadlines indicated in article 36, a period of 15 business days is opened so that Minister Carlos Body “makes the decision of his elevation or non -elevation to the Council of Ministers”. If the minister decided to raise the operation to the Council of Ministers, the period of one month would be opened to make this decision.
According to that same Law on Defense of Competition, the Council of Ministers may confirm the resolution of the CNMC, or agree to authorize the operation, with or without conditions. In his case, it indicates article 60 of the aforementioned law that “said agreement must be duly motivated in reasons of general interest different from the defense of the competence, in accordance with the provisions of article 10”.
