“We must consider the possibility that the combination of the two companies' American equity options exchanges will give the new company market power over traders”, said Rep. Robert Goodlatte, Republican from Virginia. Goodlatte, the chairman of a House Judiciary subcommittee, held a hearing on the transaction, entitled "Competition and Consolidation in Financial Markets: The NYSE-Deutsche Börse Merger". The merger seeks to combine the third and fourth largest US options equity exchanges, the NYSE's Amex and Arca equity options exchanges, with Deutsche Börse's International Securities Exchange, also based in the US.

The Justice Department has been examining the antitrust implications of the Deutsche Börse-NYSE Euronext (NYSE:NYX) deal, which was announced in February. At the same time, European financial regulators, including Germany's BaFin, are also examining the transaction, in part, because the combined company would have a dominant position in certain derivatives markets.

John Conyers from Michigan said that he was critical of the deal, arguing that if it is approved it could lead to another round of consolidation further concentrating the market. "I am concerned about the immense market capitalisation that would result, the harm that it will impose on consumers, and the job market, and the stifling effect it may have on innovation and transparency”, Conyers said.

He expressed concern about a comment from Gary Katz, president and chief executive officer of Deutsche Börse subsidiary, International Securities Exchange. Katz said that he did not think the Committee should be concerned about competition in equity options trading markets, insisting that there was lots of competition and those exchanges can compete with each other even when they are owned by one company. He argued that competition is growing, driving declining profit margins and that the "scale and synergies" offered by the deal create efficiencies that can offset some of the pressure.

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