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Commerzbank Works Council to File Criminal Complaint Against UniCredit

The council says suspected share lending and derivative trades behind unusually large tender volumes could prompt prosecutors and slow UniCredit’s takeover timetable.

Overview

  • The Commerzbank Gesamtbetriebsrat voted on Friday to instruct its chair to file a Strafanzeige for suspected market manipulation and misleading the market under WpHG §§119–120.
  • Commerzbank has alerted BaFin after finding that most early tendered shares appear to come from banks and parties linked to UniCredit rather than independent institutional investors.
  • UniCredit says it acted within legal rules and is cooperating with BaFin while reporting roughly 11.2% of Commerzbank shares tendered, which together with prior holdings and options would imply about a 37% stake.
  • Commerzbank and labour representatives allege the tenders may be tied to securities lending or derivative structures that can create the appearance of independent share supply.
  • If prosecutors open a formal probe, the investigation could bind resources, change investor behaviour and delay the offer process that currently runs to 16 June with a possible extension to 3 July.