But Nykredit continues its dialogue with the Danish Competition Authority about discontinuing or adjusting the ceiling on administration margins - Nykredit is surprised at the decision of the Danish Competition Appeals Tribunal. Nykredit is the only mortgage bank which is unable to adjust administration margins on private residential mortgages despite the fact that the cost of granting mortgage loans has risen. The right to raise administration margins is so fundamental to the future development of our business that we will now bring the case before the courts. We will continue the dialogue with the Danish Competition Authority about whether market and regulatory conditions have changed to an extent that warrants adjustment or discontinuation of the ceiling on Nykredit's administration margins since its acquisition of Totalkredit. This comment was made by Peter Engberg Jensen, Group Chief Executive, on today's decision of the Danish Competition Appeals Tribunal that went against Nykredit in a case about administration margins. In June this year, the Danish Competition Council refused Nykredit the opportunity to adjust administration margins as otherwise announced on the grounds that the adjustment conflicted with the undertaking to reduce administration margins given by Nykredit to the competition authorities in connection with its acquisition of Totalkredit in 2003. Nykredit disagreed with the decision of the Danish Competition Council and ap-pealed to the Danish Competition Appeals Tribunal, which has decided to uphold the decision of the Danish Competition Council. - Some of our competitors have raised their margins since February 2010 when we announced our intention to adjust administration margins, which clearly shows that a margin increase is warranted. We have consistently stated three reasons for raising margins: Higher housing loan losses, stricter requirements as to the capital which Nykredit and Totalkredit have to provide as security for customer loans and a higher cost of capital. Although the loss scenario is slightly brighter than expected, the other reasons are very important, adds Peter Engberg Jensen. Peter Engberg Jensen is pleased with the continued dialogue between Nykredit and the Danish Competition Authority and refers to the decision of the Competition Appeals Tribunal, which states that the Danish Competition Council may reconsider the justification of the undertakings: - Pending the outcome of the appeals case, we have been in dialogue with the Danish Competition Authority about the possibility of discontinuing or changing the agreement we made in 2003 when we acquired Totalkredit. We are pursuing this dialogue, but the outcome is uncertain, although we hope to find a solution in this way. - The right to raise administration margins is so fundamental to us, however, that we will continue to have two approaches: the dialogue with the Danish Competition Authority and a resolution of the legal disagreement by bringing the case before the courts. In February this year, Nykredit and Totalkredit announced an increase of the ad-ministration margins on existing and new mortgage loans. For existing mortgage loans, the increase came to 0.1 percentage point - from 0.5% to 0.6%. For new mortgage loans, the size of the announced margin adjustment depended on the loan type. Nykredit has been and still is of the opinion that the announced administration margin increase does not conflict with the undertaking from 2003. Nykredit has consistently claimed that it was never agreed that the undertaking was to be indefinite or to be of a duration stretching beyond the undertakings made in the partnership agreements with the former owners of Totalkredit, which undertakings all expired on 1 April 2010. Contacts: Peter Engberg Jensen, Group Chief Executive, or Nels Petersen, Head of Corporate Communications, tel +45 44 55 14 70 or +45 20 22 22 72
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