NYSE Heeds Past Lessons With $750M Antitrust Breakup Fee

Law360, New York (December 21, 2012, 6:58 PM EST) -- NYSE Euronext Inc. will receive $750 million — a hefty 9.1 percent of the purchase price — if its $8.2 billion acquisition by IntercontinentalExchange Inc. fails on antitrust grounds, suggesting the Big Board remembers well the sting of its failed 2011 merger with Deutsche Boerse AG, which was blocked by European competition authorities.

The deal, announced Thursday, would give NYSE Euronext the derivatives trading platform it has long sought, and it would give ICE, a 12-year-old Atlanta-based exchange, the reputational oomph of the country's most prestigious...
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