Brussels puts its nose in one of the most sensational divorces industrial center stage in Europe: Barroso Commission on Wednesday announced the launch of an accelerated procedure against the French Areva and German Siemens for infringement of competition law. This decision confirms the information published as early as Tuesday evening by Le Figaro.
In this case, it is the folder Areva NP, the ex-Framatome, owned 35% by Siemens and 65% by Areva. The German group announced in early 2008 its decision to exit the venture, after several years of fruitful cooperation.
Areva has taken note of this decision but said that Siemens was unable to compete with it for several years because of an agreement signed between both parties. And it is this clause that Siemens is trying to quash the Commission.A clause also crucial for the French group that tries to turn the cash in order to lower the purchase price of 35%.
Addressing what looks like a cartel, while the separation between the two European giants of nuclear consumed is therefore paradoxical only in appearance. Siemens, unable to compete with its former French partner by one of the clauses of the marriage contract of 2001, seeks in effect to part of a last thread to the leg. Moreover, the German group discreetly that he looks forward to the debut of the Commission.
The shareholders agreement signed in honeymoon Franco-German, January 30, 2001, has never been made public.The clause that is now the competition commissioner, Joaquin Almunia, evoked precisely the scenario of a separation for at least eight years after the divorce, it prohibits Siemens rival Areva to come on the market for nuclear reactors, according to one of the parties in conflict.
Partnership with Rosatom
The decision by Joaquin Almunia opens investigation against "violations" of sections 101 and 102 of the Treaty of Lisbon by Areva SA, Siemens AG and their subsidiary Areva NP. The procedure "does not mean that there are strict proof" of infringement of competition law, but simply that the case will be handled on a priority basis, according to the draft obtained by Le Figaro.
The non-competition, held by Areva and Siemens today denounced, no objection was raised in 2001 during the passage of the shareholders before the European authorities.Has it been so deliberately ignored? Or added a posteriori? In any case, it returns to haunt the two partners.
And because it prohibits the German group to realize its nuclear partnership with the Russian company Rosatom. Siemens announced March 3 – with the blessing of Vladimir Putin – the signing of a Memorandum of Understanding for a joint venture with the public group. It is developing the technology Russian pressurized water reactors. This alliance has created a noisy side reaction of Areva, which has denounced "a unilateral breach of contractual obligations" by the German group.
Beyond the bitterness born of a failed marriage, is a cut-throat competition looming on one of the most lucrative markets for decades to come: that of civilian nuclear reactors, each of the two firms in tens of units.Unless he can get Brussels to outright cancellation of the disputed clause, Siemens would like to see at least his initial handicap reduced by several years.
That complex is more of a rebound near. While Siemens sentence actually formalized its alliance with Rosatom – the German press has recently indicated that there would be no breakthrough until 2011 – and rumors have circulated about a possible return behind the German group. So a partnership with Areva reactivated.But recent developments in Brussels show that this scheme will be hard to reappear.
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More than 2 billion euros
How is the participation of Siemens in Areva NP? Estimates are circulating that the French group will put on the table between two billion and 2.5 billion euros. To agree on the amount of the transaction, both groups have appointed an independent expert. No timetable has been set officially, but the findings should be made before the end of 2010. Meanwhile, Areva has singularly need to restore its financial leeway.
For the period 2008-2012, Miss nuclear group has estimated its investment needs about 6.5 billion euros.While a capital increase is planned – up to 15%, through three foreign partners – but the government delayed giving the green light.