WRITTEN QUESTION No. 1774/98 by Ernesto CACCAVALE to the Commission. Banking cartel in Italy
Date: 1998-06-05
Institutions: CACCAVALE, European Parliament
Subjects: EEC Treaty, Italy, bank, cartel, interest, loan, market access, restriction on competition

18.1.1999

EN

Official Journal of the European Communities

C 13/81

(1999/C 13/116)

WRITTEN QUESTION E-1774/98

by Ernesto Caccavale (UPE) to the Commission

(5 June 1998)

Subject: Banking cartel in Italy

According to a number of newspapers and reports from certain consumers associations, Italian banks that are
members of ABI, the association of Italian banks, ask clients to sign banking contracts containing clauses that are
oppressive, obscure and/or not comprehensible to those who subscribe to them. In many mortgages for first-time
buyers the banks set interest rates that are much higher than under the so-called Italian anti-usury law. Following
the lowering of interest rates, these reports indicate the existence of a powerful banking cartel organized by the
ABI.

In some cases these are reportedly secret reciprocal agreements that distort competition and limit the operations
of other European banks that obviously are not members of ABI.

1. Does the behaviour of the banks not violate the Treaty of Rome as regards agreements, secret pacts or agreed

practices that have the effect of violating the rules of competition?

2.

Is the ABI not abusing its dominant position?

3.

4.

Is the Treasury Ministry, the Italian anti-trust authority or the Bank of Italy responsible in some way for
negligence vis-(cid:224)-vis the Italian banking system that prevents access to the Italian market by other
competitors, in other words new European banks?

Is it possible to open an inquiry into the alleged agreements between the ABI and the main European banking
associations to divide the market geographically, to the grave detriment of clients who remain subject to
contracts with their banks?

Answer given by Mr Van Miert on behalf of the Commission

(22 July 1998)

1., 2. and 4.
The Commission is aware of the problems that have arisen in Italy in connection with requests for
the renewal of bank loans (in particular mortgage loans) by customers wishing to take advantage of lower interest
rates and is monitoring developments. Article 3 of Council Regulation No 17/62 of 6 February 1962 (1) empowers
the Commission to bring infringements of Articles 85 or 86 of the EC Treaty to an end. The Commission is
currently looking into the facts of the matter.

3.
The Commission is not aware of anything that would indicate that the Treasury Ministry, the Italian antitrust
authority or the Bank of Italy have impeded access to the Italian market by new competitors. It is in contact with
both the Bank of Italy and the antitrust authority in connection with this matter.

(1) OJ 13, 21.2.1962.

(1999/C 13/117)

WRITTEN QUESTION E-1775/98

by Lucio Manisco (GUE/NGL) to the Council

(8 June 1998)

Subject: Echelon spying system

A European Parliament STOA document and European press sources have reported the existence of an industrial
spying computer network called Echelon to which the United States, the United Kingdom, Canada, New Zealand
and Australia belong.