28 May 2015

Interest rate swaps: Commerce Commission v. ANZ Bank

ANZ Bank’s breach of the Fair Trading Act through 2005 -2009 in its misleading promotion of interest rate swaps to the rural sector has been formally recorded on the judicial record.  This follows ANZ agreeing to pay a $19 million negotiated settlement.
The Commerce Commission responded to borrowers concerns back in August 2012 after complaints from the farming sector that they had been sold a pup: some farmers seeking to borrow on fixed rate term loans had been steered into loans tied to interest rate swaps.  ANZ is a major player in rural banking, holding a market share of about 40 per cent.  The Commission alleged ANZ marketing documents and sales presentations were misleading.  The benefits of interest rate swaps were overstated and the risks understated.  Interest rate swaps are financial derivatives used to manage or hedge interest rate risks.  ANZ customers were offered term loans with floating interest rates coupled with separate interest rate swaps.  Swaps could fix the interest rate but not the margin which ANZ could and did vary at its discretion.  It was misleading for ANZ to tell customers swap arrangements fixed the all-up costs of borrowing.
ANZ agreed to the High Court declaring its actions breached section 9 of the Fair Trading Act and further agreed to contribute $500,000 to the Commission’s investigation costs and to establish a $18.5 million compensation fund.  The fund is to compensate affected ANZ customers with any remainder going to rural support trusts.
Commerce Commission v. ANZ Bank – High Court (28.05.15)

15.058