Economic Calendar

Tuesday, June 26, 2012

Microsoft’s Decade-Long Fight Nears End With EU Antitrust Ruling

By Aoife White - Jun 26, 2012 7:01 AM GMT+0700

Microsoft Corp. (MSFT)’s decade-long struggle against a European Union antitrust probe that led to more than 1.68 billion euros ($2.1 billion euros) in fines will enter its final phase tomorrow when an EU court rules on the company’s challenge.

The world’s largest software company asked the EU General Court to void an 899-euro fine imposed after Microsoft failed to comply with a 2004 antitrust order to provide rivals with data to help them work with the company’s operating-system software. The fine was on top of Microsoft’s earlier penalties of 497 million euros and 280.5 million euros and surpassed only by a 1.06 billion-euro levy against Intel Corp.

“The two fines for Microsoft and Intel certainly sent a message,” said Ted Henneberry, a lawyer at Bingham McCutchen LLP in Washington who has previously worked for Microsoft on matters not related to the EU case. “This thing is history now. Today companies realize that you’re better served trying to work things out with the” European Commission.

Microsoft’s Windows software powered 95 percent of personal-computers in 2004, when EU regulators fined the company a record 497 million euros and ordered it to offer a version of the software without a music and video player. Now, amid a global slump in PC sales, Microsoft is preparing to manufacture its first tablet to challenge Apple’s Inc.’s iPad.

Microsoft is the only company in more than 50 years of EU competition policy penalized for failing to comply with an order. The Redmond, Washington-based company agreed to a settlement in 2009 in a bid to repair the company’s relationship with the European Commission. Microsoft is now on the other side of the fence, filing complaints against Google Inc. (GOOG) and what is now its Motorola Mobility unit.

‘Other Foot’

Brad Smith, Microsoft’s general counsel, last year wrote of the irony of complaining to EU regulators about Google after “more than a decade wearing the shoe on the other foot with the European Commission.” Microsoft alleged that Google’s “pattern of actions” entrenches the search engine operator’s control over online search and related advertising.

Google was told by the EU last month it could avoid an antitrust complaint over allegations that it discriminates against rivals if it offered to settle a probe by early July.

Regarding Microsoft chances of success tomorrow in its case, Robin Koch, a spokesman for the software maker in Brussels, and Antoine Colombani, a spokesman for the commission, declined to comment ahead of the ruling. Microsoft may make one final appeal of the ruling to the EU’s highest court, the European Court of Justice.

License Guidance

Microsoft argued at a hearing last year that regulators should have given it more guidance to avoid the fine. Under the initial decision, Microsoft was ordered to provide data to competitors to allow servers to connect to computers using the Windows operating system. It was also required to limit to a “reasonable” amount the royalties it charged.

The fine was a so-called periodic penalty calculated because Microsoft was in breach of the EU order for 488 days, regulators said in 2008. The EU assessed Microsoft’s proposals for 306 days of that period, the company told judges at the hearing.

Microsoft also questioned EU reports prepared by a trustee responsible for monitoring the company’s compliance with the 2004 decision. Although Microsoft lost a 2007 appeal of the initial fine, the court ruled regulators were wrong to force the company to give powers to the independent trustee who had access to its documents, premises and software source code.

Bright Line

“The big issue is whether it was reasonable for the commission to fine an enormous amount of money for non- compliance with what was not a bright-line issue,” said Becket McGrath, a lawyer at Edwards Wildman Palmer UK LLP in London. “The issue of whether or not there was compliance is a very technical one” and depends on the price Microsoft charged for the interoperability information and what it had to disclose.

The tribunal “might give guidance” on whether Microsoft’s proposed royalty rates for the interoperability information were excessive, said Thomas Vinje, a lawyer at Clifford Chance LLP who represented International Business Machines Corp. (IBM) and Oracle Corp. (ORCL), which opposed Microsoft in the case.

Fair and reasonable licensing terms, or FRAND, form “the core” of three investigations regulators opened this year into whether Samsung Electronics Co. (005930) and Google’s Motorola Mobility used their control of standard technology patents to block competitors’ devices, the EU’s antitrust chief Joaquin Almunia said this month. He said there was a need “to clarify what are the implications of FRAND and how FRAND negotiations should be conducted.”

Microsoft filed a complaint with EU regulators earlier this year, alleging that Motorola Mobility was “attempting to block sales” of Windows computers and the Xbox game console by overcharging for key technology patents. Motorola Mobility, which Google bought last month, offered to settle the dispute. Google also complained to the EU that Microsoft and Nokia Oyj unfairly colluded to use patents to block rivals.

“The court could opine on what constitutes fair, reasonable and non-discriminatory licensing terms in this case, and some in the antitrust community rightly or wrongly would be likely to interpret any such decision as a precedent for other pending FRAND cases,” Vinje said.

The case is T-167/08, Microsoft v. European Commission.

To contact the reporter on this story: Aoife White in Brussels at Awhite62@bloomberg.net

To contact the editor responsible for this story: Anthony Aarons at aaarons@bloomberg.net




Read more...

Stocks Drop as Dollar, Treasuries Rise Before EU Summit

By Stephen Kirkland and Michael P. Regan - Jun 26, 2012 3:15 AM GMT+0700

Stocks slid, while the dollar and Treasuries rose, amid concern a meeting of European leaders this week will fail to halt a debt crisis that threatens to drag U.S. corporate earnings to the first decline since 2009. Oil slumped while agricultural commodities rallied.

June 25 (Bloomberg) -- Bloomberg's Deborah Kostroun reports on the performance of the U.S. equity market today. U.S. stocks tumbled on concern this week’s European Union summit will fail to tame a crisis which put American earnings on pace for the first decline since 2009. (Source: Bloomberg)

June 25 (Bloomberg) -- Ian Bremmer, president of Eurasia Group, and Lisa Shalett, chief investment officer at Bank of America Corp.'s Merrill Lynch wealth management business, talk about the U.S.'s political, military and economic position in the world, and its impact on investment strategy. They speak with Trish Regan on Bloomberg Television's "Street Smart." (Source: Bloomberg)

June 25 (Bloomberg) -- Doug Cote, chief market strategist at ING Investment Management, and Ken Polcari, a managing director at ICAP Plc's equities unit, talk about the outlook for U.S. stocks. They speak with Trish Regan and Adam Johnson on Bloomberg Television's "Street Smart." Charlie Gushee, managing director at Auerbach Grayson & Co., also speaks. (Source: Bloomberg)

June 25 (Bloomberg) -- Jim O'Neill, Goldman Sachs Asset Management chairman, talks about the European debt crisis, central bank monetary policy, and the economies of the U.S. and so-called BRIC nations. O'Neill speaks with Tom Keene, Ken Prewitt and Sara Eisen on Bloomberg Television's "Surveillance." (Source: Bloomberg)

June 25 (Bloomberg) -- Shaun Osborne, chief currency strategist at Toronto-Dominion Bank's TD Securities unit, Katie Stockton, chief market technician at MKM Partners, and Alan Knuckman, chief market strategist at OneStopOption.com, talk about the outlook for U.S. dollar and alternative investments. They speak with Trish Regan on Bloomberg Television's "Street Smart." (Source: Bloomberg)

June 25 (Bloomberg) -- Barry James, president of James Investment Research, and Michael Cirami, portfolio manager at Eaton Vance, talk about their investment strategies. They speak with Adam Johnson and Trish Regan on Bloomberg Television's "Street Smart." Charlie Gushee, managing director at Auerbach Grayson & Co., also speaks. (Source: Bloomberg)

The S&P 500 extended losses after last week’s 0.6 percent retreat. Photographer: Richard Drew/AP Photo

A stock index line is displayed on an electronic screen at the Hellenic stock exchange in Athens. Photographer: Chris Ratcliffe/Bloomberg

The MSCI All-Country World Index (MXWD) fell for a third day, losing 1.4 percent at 4 p.m. in New York, and the Standard & Poor’s 500 Index retreated 1.6 percent. The dollar strengthened against 15 of 16 major peers, with the euro dipping below $1.25. Ten-year Treasury note yields fell seven basis points to 1.61 percent. The Spanish 10-year yield increased 26 basis points. Oil tumbled below $80 a barrel for a third day while corn and soybeans surged on concern dry weather will hurt crops.

Failure by leaders at the summit to come up with measures to shore up the weakest countries may be “fatal” for the euro, billionaire investor George Soros said yesterday, while German Chancellor Angela Merkel rejected joint euro-area bonds or bills in a speech today. Greek Prime Minister Antonis Samaras, who is recovering from surgery and won’t attend the summit, accepted the resignation of Finance Minister Vassilios Rapanos today.

“Expectations in Europe are really low and usually by this stage, when we’re going into one of these summits, there’s normally a bit more hope around,” Jim O’Neill, chairman of Goldman Sachs Asset Management, said in a radio interview on “Bloomberg Surveillance” with Tom Keene and Ken Prewitt. “They like to take things to the brink in order to engineer the outcomes they want,” he said. “It’s a pretty risky game to pursue, but it’s not the first time it’s happened.”

Market Leaders

The S&P 500 has retreated 7.4 percent from a four-year high in April as Europe’s debt crisis spread and economic data pointed to a slowing recovery. Stocks resumed losses today after briefly trimming declines when Commerce Department data showed demand for new U.S. homes rose more than forecast in May, with purchases climbing 7.6 percent to a 369,000 annual rate.

Indexes of technology, financial and energy shares lost at least 1.9 percent to lead declines in all 10 main industry groups in the S&P 500 today. Bank of America Corp., Intel Corp. and Hewlett-Packard Co. lost more than 3.3 percent for the biggest declines in the Dow Jones Industrial Average, which sank 138.12 points to 12,502.66.

Alcoa, the largest U.S. aluminum producer, is scheduled to report second-quarter results on July 9 to start the earnings season for Dow companies. Profits at S&P 500 companies fell 1.1 percent in the April-June period, according to analyst estimates compiled by Bloomberg. That would mark the first year-over-year decrease since 2009.

Earnings Pessimism

Earnings pessimism is reaching levels last seen during the global financial crisis of 2008 and 2009, based on company guidance. Fifty-nine corporations issued profit projections that trailed analyst estimates during the 20 days through June 22, or 3.1 times the number of those that exceeded them. The ratio has been greater than 3 for eight straight days, the longest stretch in three years. It was at least that high the majority of the time between October 2008 and April 2009, climbing to 11.5 in December 2008, the data show.

The Stoxx Europe 600 Index (SXXP) dropped 1.5 percent. Unicredit SpA and BNP Paribas SA led a selloff in banks, both falling at least 5.5 percent. Nokia Oyj lost 11 percent amid speculation Samsung Electronics Co.’s earnings may miss some analyst estimates. Shire Plc slumped 11 percent after regulators approved a generic version of its second-biggest selling drug.

Spain’s IBEX-35 Index sank 3.7 percent and Italy’s FTSE-MIB Index tumbled 4 percent, the most in two months, while Greece’s ASE Index sank 6.8 percent to lead losses among 24 developed markets tracked by Bloomberg.

Dollar Climbs

The euro slipped 0.5 percent to $1.2504 after dipping as low as $1.2471. The shared currency lost 1.5 percent against the yen and weakened against 10 of 16 major peers. The Dollar Index (DXY), which tracks the U.S. currency against those of six trading partners, jumped 0.2 percent.

Policy makers should create a European Fiscal Authority to purchase sovereign debt in return for Italy and Spain implementing achievable budget cuts, Soros said in London. Funding would come from European Treasuries backed by each euro member, he said. Germany’s Merkel, speaking to a conference in Berlin as Spain announced it would formally seek aid for its banks, dismissed “euro bonds, euro bills and European deposit insurance with joint liability and much more” as “economically wrong and counterproductive.”

Spanish Bank

European banks slumped 3 percent as a group to lead declines in all 19 industries tracked by the Stoxx 600. Spanish banks may have their credit ratings cut by Moody’s Investors Service for a second time in less than six weeks after the nation’s sovereign rating was lowered, said three people with knowledge of the situation.

Cyprus said today it will seek a financial lifeline from the euro area’s firewall funds, becoming the fifth of the euro’s 17 member states to seek a bailout.

A visit by the international creditors to determine how far Greece has slipped behind on budget targets that underpin access to the international funds was suspended. Greek President Karolos Papoulias will represent the country at this week’s summit as Samaras convalesces after surgery for a detached retina. Finance-Minister designate Rapanos resigned after being hospitalized on June 22 for nausea and dizziness.

‘Similar Symptoms’

“I think I speak for all of us when I say, ‘We feel your pain,’” Ed Yardeni, president and chief investment strategist at Yardeni Research Inc. in New York, wrote in a note to clients. “We are all starting to show similar symptoms as we suffer through the never-ending insanity of the European financial crisis and the latest round of emergency summits.”

The Italian two-year yield climbed 54 basis points to 4.33 percent, with the similar-maturity Spanish yield advancing 42 basis points. The Belgian five-year note yield dropped four basis points to 2.00 percent as the government sold 2.8 billion euros ($3.5 billion) of 2017, 2022 and 2032 bonds. Germany sold 2.045 billion euros of 12-month bills, while France auctions as much as 8.4 billion euros of short-dated securities.

The 30-year U.S. Treasury bond yield declined eight basis points to 2.68 percent.

The S&P GSCI Index of commodities added 0.7 percent as 18 of 24 raw materials tracked by the gauge advanced. Corn and soybeans rallied more than 3.5 percent. Much of Iowa and Illinois, the biggest U.S. corn and soybean-growing states, will be mostly dry until at least June 29, according to the National Weather Service.

Oil Retreats

Oil dropped 0.7 percent to $79.21 a barrel in New York, erasing earlier gains of as much as 1.2 percent, as tropical Storm Debby shifted away from offshore energy installations.

The MSCI Emerging Markets Index (MXEF) slipped 1.3 percent, falling for a third day. The Shanghai Composite Index slid 1.6 percent to the lowest close since Jan. 16. The ISE National 100 Index fell 1.6 percent in Istanbul. Turkey is weighing a response after Syria shot down one of its warplanes in international airspace, Foreign Minister Ahmed Davutoglu said.

Egypt’s EGX30 Index jumped 7.6 percent, the most since February 2008, after Mohamed Mursi, the Muslim Brotherhood candidate, was declared the country’s first freely elected president.

To contact the reporters on this story: Stephen Kirkland in London at skirkland@bloomberg.net; Michael P. Regan in New York at mregan12@bloomberg.net

To contact the editor responsible for this story: Nick Baker at nbaker7@bloomberg.net






Read more...

U.S. Stocks Drop on Europe as Crisis Threatens Earnings

By Rita Nazareth - Jun 26, 2012 3:30 AM GMT+0700

U.S. stocks tumbled on concern this week’s European Union summit will fail to tame a crisis which put American earnings on pace for the first decline since 2009.

June 25 (Bloomberg) -- Bloomberg's Deborah Kostroun reports on the performance of the U.S. equity market today. U.S. stocks tumbled on concern this week’s European Union summit will fail to tame a crisis which put American earnings on pace for the first decline since 2009. (Source: Bloomberg)

June 25 (Bloomberg) -- Bloomberg’s Trish Regan, Alix Steel and Adam Johnson report on today’s ten most important stocks including Dish Network, Microsoft and Grupo Modelo. (Source: Bloomberg)

June 25 (Bloomberg) -- Ian Bremmer, president of Eurasia Group, and Lisa Shalett, chief investment officer at Bank of America Corp.'s Merrill Lynch wealth management business, talk about the U.S.'s political, military and economic position in the world, and its impact on investment strategy. They speak with Trish Regan on Bloomberg Television's "Street Smart." (Source: Bloomberg)

U.S. stocks are sliding at the opening of trading, following global markets lower after Spain requested help for its struggling banks. Photographer: Richard Drew/AP Photo

June 25 (Bloomberg) -- Barry James, president of James Investment Research, and Michael Cirami, portfolio manager at Eaton Vance, talk about their investment strategies. They speak with Adam Johnson and Trish Regan on Bloomberg Television's "Street Smart." Charlie Gushee, managing director at Auerbach Grayson & Co., also speaks. (Source: Bloomberg)

June 25 (Bloomberg) -- Doug Cote, chief market strategist at ING Investment Management, and Ken Polcari, a managing director at ICAP Plc's equities unit, talk about the outlook for U.S. stocks. They speak with Trish Regan and Adam Johnson on Bloomberg Television's "Street Smart." Charlie Gushee, managing director at Auerbach Grayson & Co., also speaks. (Source: Bloomberg)

On the floor of the New York Stock Exchange on June 25, 2012. Photographer: Richard Drew/AP Photo

Technology, financial and energy shares dropped the most among 10 groups in the Standard & Poor’s 500 Index. Bank of America Corp. (BAC) and Chesapeake Energy Corp. (CHK) slumped at least 4.2 percent. Microsoft Corp. (MSFT) sank 2.7 percent after agreeing to acquire Yammer Inc. for $1.2 billion in cash. Constellation Brands Inc. surged 13 percent as it may benefit from a potential deal between Grupo Modelo SAB and Anheuser-Busch InBev NV.

The S&P 500 slid 1.6 percent to 1,313.72 at 4 p.m. New York time as 470 of its 500 stocks declined. The Dow Jones Industrial Average fell 138.12 points, or 1.1 percent, to 12,502.66. Volume for exchange-listed stocks in the U.S. was about 5.9 billion shares, or 13 percent below the three-month average.

“There are reasons for investors to be concerned,” Stephen Wood, the New York-based chief market strategist for Russell Investments, said in a telephone interview. His firm oversees $140.8 billion. “In addition to the ongoing wounds of Europe, we’ll begin to see softness in corporate earnings.”

Equities slumped as Chancellor Angela Merkel hardened her resistance to euro-area debt sharing, setting Germany on a collision course with its allies at a summit on June 28. Cyprus said it will seek a financial lifeline from the euro area’s firewall funds. Greek Prime Minister Antonis Samaras consented to the resignation of his finance minister, Vassilios Rapanos.

Billionaire investor George Soros warned that a failure by leaders meeting this week to produce drastic measures could spell the demise of the currency.

‘Be Fatal’

“There is a disagreement on the fiscal side,” Soros, 81, said in an interview with Bloomberg Television’s Francine Lacqua at his home in London. “Unless that is resolved in the next three days, then I am afraid the summit could turn out to be a fiasco. That could actually be fatal.”

Europe’s debt crisis is putting pressure on corporate results. Analysts predict members of the S&P 500 will report a 1.1 percent average drop in second-quarter earnings, after estimating a gain as recently as last month, according to data compiled by Bloomberg. That would follow a 6.2 percent average increase in the first quarter.

Earnings pessimism reached levels last seen during the financial crisis. Fifty-nine corporations issued profit projections that trailed analyst estimates during the 20 days through June 22, or 3.1 times the number of those that exceeded them. The ratio has been greater than 3 for eight straight days, the longest stretch in three years. It was at least that high the majority of the time between October 2008 and April 2009, climbing to 11.5 in December 2008, the data show.

‘Very Unlikely’

“There is a lot of trepidation about second-quarter earnings,” Tim Ghriskey, chief investment officer of Solaris Group in Bedford Hills, New York, said in a June 22 interview. He oversees about $2 billion. “You are very unlikely to see companies coming out with favorable outlooks given the problems in Europe and the slowing growth in the U.S. and China.”

Alcoa Inc., traditionally the first company in the Dow to report quarterly earnings, is scheduled to release its second- quarter figures on July 9.

All 10 groups in the S&P 500 fell as technology, financial and energy shares dropped at least 1.8 percent. The Morgan Stanley Cyclical Index of companies most-tied to the economy slumped 2.6 percent even as data showed demand for new homes rose more than forecast. Bank of America slid 4.3 percent to $7.60. Chesapeake Energy retreated 8.5 percent to $17.03.

Microsoft’s Deal

Microsoft dropped 2.7 percent to $29.87. San Francisco- based Yammer provides features -- similar to those found on Facebook (FB) Inc. -- to more than 200,000 companies such as Ford Motor Co. and EBay Inc. It will become part of Microsoft’s Office division and the team will continue to report to current Yammer Chief Executive Officer David Sacks.

Facebook, the biggest social-networking operator, decreased 3 percent to $32.06. The decline followed a 22 percent advance over the previous two weeks.

Pfizer Inc. (PFE) fell 1.1 percent to $22.47, while Bristol-Myers Squibb Co. (BMY) sank 3.5 percent to $34.13. The companies failed to gain approval of the blood thinner Eliquis from U.S. regulators, who said they needed more data on the treatment.

Sprint Nextel Corp. (S) slipped 6.1 percent to $3.09. The third-biggest U.S. wireless carrier declined amid concern over the management of its fourth-generation network expansion.

GeoEye Inc. (GEOY) tumbled 22 percent, the biggest decline since 2004, to $14.24. The provider of satellite imagery said a federal agency may scale back a $3.8 billion contract.

Largest Winemaker

Constellation (STZ) surged 13 percent to $21.86. The world’s largest winemaker gained the most in almost a decade as Anheuser-Busch InBev seeks to acquire the rest of Corona maker Grupo Modelo in a deal that a person familiar with the talks said could bring a payment to Constellation.

Quest Software Inc. (QSFT) jumped 5.6 percent to $27.70. The software maker that agreed to be bought by a group led by Insight Venture Partners said it has received a higher offer of $27.50 a share in cash.

Newmont Mining Corp., the largest U.S. gold producer, advanced 1.7 percent to $48.79. Gold futures gained the most in three weeks as Europe’s debt concern spurred demand for the metal as a hedge.

Fertilizer producers rallied after Dahlman Rose & Co. raised its recommendation for the industry. CF Industries Holdings Inc. (CF) increased 3.4 percent to $183.66. Mosaic Co. (MOS) gained 1 percent to $51.10.

Bountiful Oil

At a time of record fuel demand, bountiful oil and natural gas, and expanding economies, no stocks are doing worse in the world than energy producers from BP Plc to Hess Corp.

The MSCI World Energy Index (MXWO) has declined 9.6 percent this year through last week, more than any other group, according to data compiled by Bloomberg. The gauge has climbed 45 percent since equities bottomed in 2009, less than any industry with earnings tied to economic growth. In the U.S., the stocks are at the cheapest levels relative to the S&P 500 since 2009.

The divergence reflects the transformation of an industry where growing consumption of energy has been met with even bigger gains in supply. U.S. crude inventories are the highest since 1990 and natural gas prices have lost 38 percent in 12 months amid a glut spurred by hydraulic fracturing. Bears say energy producers, making up about 10 percent of global stocks, will keep equities from advancing. Bulls say the market will rally when their shares rebound.

“The S&P 500 will have a tough time making meaningful progress until the energy sector bottoms and begins to move higher,” Jim Russell, the Cincinnati-based chief equity strategist at U.S. Bank Wealth Management, which oversees about $116 billion, said in a phone interview on June 20. “Even though the valuations of the stocks are cheap, the fundamentals have not yet bottomed.”

To contact the reporter on this story: Rita Nazareth in New York at rnazareth@bloomberg.net

To contact the editor responsible for this story: Nick Baker at nbaker7@bloomberg.net





Read more...

U.S. Banks Aren’t Nearly Ready for Coming European Crisis

Simon Johnson

Photographer: Brendan Smialowski/Bloomberg

By Simon Johnson Jun 25, 2012 5:30 AM GMT+0700

The euro area faces a major economic crisis, most likely a series of rolling, country-specific problems involving some combination of failing banks and sovereigns that can’t pay their debts in full.

This will culminate in systemwide stress, emergency liquidity loans from the European Central Bank and politicians from all the countries involved increasingly at one another’s throats.

About Simon Johnson

Simon Johnson, who served as chief economist at the International Monetary Fund in 2007 and 2008, is a professor of entrepreneurship at the Massachusetts Institute of Technology's Sloan School of Management.

More about Simon Johnson

Even the optimists now say openly that Europe will only solve its problems when the alternatives look sufficiently bleak and time has run out. Less optimistic people increasingly think that the euro area will break up because all the proposed solutions are pie-in-the-sky. If the latter view is right -- or even if concern about dissolution grows in coming months -- markets, investors, regulators and governments need to worry not just about interest-rate risk and credit risk, but also dissolution risk.

What’s more, they also need to worry a great deal about what the repricing of risk will do to the world’s thinly capitalized and highly leveraged megabanks. Officials, unfortunately, appear not to have thought about this at all; the Group of 20 meeting and communique last week exuded complacency and neglect.

Very few people seem to have gotten their heads around dissolution risk. Here’s what it means: If you have a contract that requires you to be paid in euros and the euro no longer exists, what you will receive is unclear.

No Euro

As a warm-up, consider first a simple contract. Let’s say you have lent 1 million euros to a German bank, payable three months from now. If the euro suddenly ceases to exist and all countries revert to their original currencies, then you would probably receive payment in deutsche marks. You might be fine with this -- and congratulate yourself on not lending to an Italian bank, which is now paying off in lira.

But what would the exchange rate be between new deutsche marks and euros? How would this affect the purchasing power of the loan repayment? More worrisome, what if Germany has gone back on the deutsche mark but the euro still exists -- issued by more inflation-inclined countries? Presumably you would be offered payment in the rapidly depreciating euro. If you contested such a repayment, the litigation could drag on for years.

What if you lent to that German bank not in Frankfurt but in London? Would it matter if you lent to a branch (part of the parent) or a subsidiary (more clearly a British legal entity)? How would the British courts assess your claim to be repaid in relatively appreciated deutsche marks, rather than ever-less- appealing euros? With the euro depreciating further, should you wait to see what the courts decide? Or should you settle quickly in hope of recovering half of what you originally expected?

What if you lent to the German bank in New York, but the transaction was run through an offshore subsidiary, for example in the Cayman Islands? Global banks are extremely complex in terms of the legal entities that overlap with business units. Do you really know which legal jurisdiction would cover all aspects of your transaction in the currency formerly known as the euro?

Moving from relatively simple contracts to the complex world of derivatives, what would happen to the huge euro- denominated interest-rate swap market if euro dissolution is a real possibility? I’ve talked to various experts and heard a variety of fascinating opinions, but no one really knows.

Dissolution Risk

There is a lot of risk that isn’t being priced, including in so-called safe haven assets. Anything denominated in euros is subject to complex, hard-to-value dissolution risk. The credit risk of German sovereign debt may be unchanged, but what is a German government bond worth if the euro is seriously on the rocks?

Personally, I’m most worried about the balance sheets of the really big banks. For example, in recently released highlights from its so-called living will, JPMorgan Chase & Co. revealed that $50 billion in losses could hypothetically bring down the bank. (All big banks must provide their regulators with a living will to show how they could be shut down in an orderly fashion if near default.)

JPMorgan’s total balance sheet is valued, under U.S. accounting standards, at about $2.3 trillion. But U.S. rules allow a more generous netting of derivatives -- offsetting long with short positions between the same counterparties -- than European banks are allowed. The problem is that the netting effect can be overstated because derivatives contracts often don’t offset each other precisely. Worse, when traders smell trouble at a bank that has taken on too much risk, they tend to close out their derivatives positions quickly, leaving supposedly netted contracts exposed.

People with experience regulating or analyzing financially distressed institutions greatly prefer to measure potential losses with the European approach, in which netting is allowed only when contracts expressly incorporate settlement on a net basis under all circumstances.

When one bank defaults and its derivatives counterpart does not, the failing bank must pay many contracts at once. The counterpart, however, wouldn’t provide a matching acceleration in its payments, which would be owed under the originally agreed schedule. This discrepancy could cause a “run” on a highly leveraged bank as counterparties attempt to close out positions with suspect banks while they can. The point is that the netting shown on a bank balance sheet can paper over this dynamic. And that means the JPMorgan living will vastly understates the potential danger.

Largest Bank

According to my calculations with John Parsons, a senior lecturer at MIT and a derivatives expert, JPMorgan’s balance sheet using the European method isn’t $2.3 trillion but closer to $4 trillion. That would make it the largest bank in the world.

What are the odds that JPMorgan would lose no more than $50 billion on assets of $4 trillion, much of which is complex derivatives, in a euro-area breakup, an event that would easily be the biggest financial crisis in world history?

A few officials see the storm coming. The Swiss National Bank should be commended for putting renewed pressure on Credit Suisse to increase its capital levels by suspending dividends. The Bank of England has set up emergency liquidity facilities, and continues to press for more bank capital, although it could do more.

The Federal Reserve should apply the same approach to big U.S. banks, with an emergency and across-the-board suspension of dividend payments, but it won’t. The Fed is convinced that its recent stress tests show U.S. banks have enough capital even though these tests didn’t model serious euro dissolution risk and the effect on global derivatives markets.

The striking thing about JPMorgan’s recent London-based proprietary trading losses is not the amount per se. If the world’s largest bank can lose $2 billion to $3 billion in a relatively calm quarter through incompetence and neglect on the fringes of its operations, how much does it stand to lose when markets really turn nasty across a much broader range of its activities? And how might that harm the U.S. economic recovery?

(Simon Johnson, a professor at the MIT Sloan School of Management as well as a senior fellow at the Peterson Institute for International Economics, is a co-author of “White House Burning: The Founding Fathers, Our National Debt, and Why It Matters to You.” The opinions expressed are his own.)

Read more opinion online from Bloomberg View. Subscribe to receive a daily e-mail highlighting new View columns, editorials and op-ed articles.

Today’s highlights: Read more opinion online from Bloomberg View. Subscribe to receive a daily e-mail highlighting new View editorials, columns and op-ed articles.

Today’s highlights: the editors on the Moody’s bank downgrades and on government power over toxic chemicals; William D. Cohan on Wall Street’s job creation; Albert R. Hunt on U.S. business’s embrace of Mitt Romney; Gregory La Blanc on Facebook’s strengths; Sharon Bowles on how the EU manages shared debt.

To contact the writer of this article: Simon Johnson at sjohnson@mit.edu.

To contact the editor responsible for this article: Paula Dwyer at pdwyer11@bloomberg.net.



Read more...

BRICs Biggest Currency Depreciation Since 1998 to Worsen

By Ye Xie and Michael Patterson - Jun 26, 2012 4:59 AM GMT+0700

The largest emerging markets, whose economies grew more than four-fold in the past decade, are making losers out of everyone from central bankers to Procter & Gamble Co. (PG) as their currencies post the biggest declines since at least 1998.

Dilma Rousseff, Brazil's president, at a joint news conference in Sanya, Hainan province, China. Photographer: Nelson Ching/Bloomberg

June 25 (Bloomberg) -- Jim O'Neill, Goldman Sachs Asset Management chairman, talks about the European debt crisis, central bank monetary policy, and the economies of the U.S. and so-called BRIC nations. O'Neill speaks with Tom Keene, Ken Prewitt and Sara Eisen on Bloomberg Television's "Surveillance." (Source: Bloomberg)

June 20 (Bloomberg) -- Charles Peabody, an analyst at Portales Partners LLC, talks about the outlook for financials and Federal Reserve policy. Peabody speaks with Tom Keen, Ken Prewitt and Sara Eisen on Bloomberg Television's "Surveillance." (Source: Bloomberg)

Sponsored Links
Buy a link

For the first time in 13 years, the real, ruble and rupee are weakening the most among developing-nation currencies, while the yuan has depreciated more than in any other period since its 1994 devaluation. P&G, the world’s largest consumer-goods maker, cut its profit forecast for the second time in two months last week in part because of currency losses. Brazil’s Fibria Celulose SA (FIBR3), the biggest pulp producer, asked banks to loosen restrictions on dollar loans as the real hit a three-year low.

Investors are fleeing the four biggest emerging markets, known as the BRICs, after Brazil’s consumer default rate rose to the highest level since 2009, prices for Russian oil exports fell to an 18-month low, India’s budget deficit widened and Chinese home prices slumped. Investors are bracing for more losses as economic growth slows.

“I am quite bearish,” Stephen Jen, a managing partner at hedge fund SLJ Macro Partners LLP and a former economist at the International Monetary Fund, said in a phone interview from London. “When the global economy and capital flow slow down, it’s going to expose a lot of problems in these countries and make people stop and ask questions. A run on the currency could be particularly ugly.”

Ruble’s Retreat

Currencies from Brazil, Russia and India will probably decline at least 15 percent further by year-end, said Jen, the former head of global currency research at Morgan Stanley.

Russia’s ruble lost 12 percent this quarter through today, the biggest drop among the 31 most-actively traded currencies tracked by Bloomberg. The 11 percent depreciation in the real and rupee was almost twice the retreat in the euro. China’s yuan, which was kept unchanged during the global financial crisis in 2008 and 2009, fell 1 percent since March after the government widened the amount the currency is allowed to fluctuate each day.

The ruble sank 2.4 percent last week, while the rupee fell 2.9 percent to a record low against the dollar and the real dropped 0.8 percent.

Foreign Reserves

India’s currency rebounded 0.3 percent today as the government said it increased the amount of rupee-denominated debt overseas investors can own, one of several measures unveiled to support the currency. The yuan fell as much as 0.3 percent to 6.3827 per dollar, the weakest level since Nov. 29, before closing little changed. The ruble lost 0.3 percent.

A decade after Goldman Sachs Group Inc. (GS)’s Jim O’Neill coined the term BRIC, China has become the second-largest economy while Brazil, India and Russia are among the 11 biggest worldwide. Their combined gross domestic product rose to $13.3 trillion last year from $2.8 trillion in 2002 as their share of the global economy increased to 19 percent from 8 percent, according to IMF data. Together, they control $4.4 trillion in foreign-exchange reserves, about 40 percent of the total.

The MSCI BRIC Index (MXBRIC) of shares has surged 281 percent during the past decade, compared with 34 percent for the Standard & Poor’s 500 Index (SPX) as the real and the yuan strengthened more than 30 percent. Local-currency debt in the BRIC nations returned an average 86 percent in dollar terms since data for JPMorgan Chase & Co. indexes on all four countries began in October 2005, versus a 48 percent increase in U.S. Treasuries.

Export Boost

The countries are still strong enough to account for 80 percent of growth at New York-based Goldman Sachs, the fifth- biggest U.S. bank by assets, Chief Executive Officer Lloyd Blankfein said at the St. Petersburg International Economic Forum in Russia’s second-largest city on June 21.

Weaker currencies will stimulate economic expansion by making exports more competitive, said Warren Hyland, an emerging-market money manager at Schroder Investment Management, which oversees about $319 billion worldwide. He’s been buying ruble bonds of Russian companies.

Earnings at the nation’s commodity producers, including OAO GMK Norilsk Nickel (GMKN) and Polyus Gold International Ltd. (PGIL), will get a boost because their sales are in dollars while the bulk of their costs are in rubles, New York-based Morgan Stanley said in a report this month.

Weaker currencies are hurting U.S. companies that rely on developing-nation revenue to offset slower growth in the U.S., Europe and Japan.

Lower Forecasts

P&G, led by Chief Executive Officer Bob McDonald, said in a June 20 presentation at the Deutsche Bank Global Consumer Conference in Paris that foreign-currency fluctuations will cut 2013 earnings growth for the maker of Tide washing detergent and Bounty paper towels by about 4 percentage points. China is the Cincinnati-based company’s second-largest market and some of the firm’s biggest businesses are in Russia and Brazil, P&G said.

Philip Morris International Inc. (PM), the world’s largest listed tobacco company, reduced its 2012 earnings forecast the next day because of currency swings. The New York-based maker of Marlboro cigarettes gets more than 40 percent of its operating profit from Asia and Latin America, according to data compiled by Bloomberg.

Pandit’s Expansion

A weaker real and lower interest rates in Brazil may reduce Coca-Cola Co. (KO)’s second-quarter profit by $30 million, according to JPMorgan. The Atlanta-based company left about $3 billion in cash in Brazil at the end of 2011 to take advantage of the country’s higher interest rates, Chief Financial Officer Gary Fayard said in a conference call in February. Half of the positions were left unhedged, he said.

Brazil’s central bank President Alexandre Tombini has cut the benchmark Selic rate by 2.5 percentage points this year to 8.5 percent, while the real has depreciated 9.7 percent.

“We continue to be concerned by Coke’s reliance on this income source,” JPMorgan analysts led by John Faucher wrote in a note to clients on June 7, reducing their 2012 profit estimate to $4 a share from $4.06.

Kent Landers, a spokesman for Coca-Cola, declined to comment.

Citigroup Inc. (C), which has been expanding in Latin America and Asia under Chief Executive Officer Vikram Pandit, may take a $3 billion to $5 billion “hit” this quarter related to foreign exchange losses, Charles Peabody, a New York-based analyst at Portales Partners LLC, said in an interview with Bloomberg Television on June 20. The losses may reduce Citigroup’s book value, or assets minus liabilities, he said.

Fibria Loans

Peabody, whose recommendations on shares of New York-based Citigroup during the past year produced the highest total return among 31 forecasters tracked by Bloomberg, cut his rating on the stock to the equivalent of sell from buy in March.

“Citi’s unique global footprint and exposure to the higher economic growth regions of the world will drive above-average book value growth over time,” Jon Diat, a Citigroup spokesman, said in an e-mail. “The suggestion that having non-U.S. exposure is somehow detrimental to Citi’s ability to continue to grow value over time is simply wrong.”

Local companies in the BRIC countries are also being hurt. Sao Paulo-based Fibria said on June 11 that it renegotiated loan covenants after the real’s decline increased the cost of servicing foreign obligations. About 90 percent of the company’s net debt is in dollars, according to company filings.

Yuan Debt

The rupee’s drop has hurt Indian companies by fueling inflation and reducing the scope for lower borrowing costs, said V. Ashok, the chief financial officer of Essar Group, the utility and shipping company owned by billionaire brothers Shashi and Ravi Ruia. India’s central bank unexpectedly left interest rates unchanged on June 18.

“One has no clue where it is going to end,” Ashok said in a June 22 phone interview from Mumbai. “The uncertainty and the volatility is the biggest concern.”

A weaker yuan is sapping demand for local-currency debt sold in Hong Kong, where international investors speculate on China’s foreign exchange rate. The average yield rose to a four- month high of 5.35 percent on June 5 from 4.82 percent at the end of March, according to data compiled by Bank of America Corp. Wang Changshun, chairman of Air China Ltd. (601111), told reporters this month that the company’s income from foreign-currency transactions will drop about 80 percent.

Bearish Bets

“All the BRIC looked ugly,” John Taylor, who oversees $3.5 billion as founder of currency hedge fund FX Concepts LLC in New York, said in an phone interview on June 19. The real and ruble will suffer “fairly decent” declines later this year as a global recession spurs investors to buy dollars as a haven, Taylor said.

After spending most of last year introducing policies to weaken their currencies, emerging-market governments are now working to limit the slide amid capital outflows.

Brazil’s government pared a tax on overseas loans on June 14 and has used swaps to add dollars to the market. Russia’s central bank sold U.S. currency this month to slow the ruble’s retreat, according to Chairman Sergey Ignatiev. India cut the amount of overseas income companies can hold in foreign exchange last month, spurring them to repatriate earnings. The ownership ceiling on government bonds was raised by $5 billion to $20 billion, the central bank said in an e-mailed statement today.

Investors withdrew $6.3 billion from Brazil’s stocks and bonds in May, the most since at least 2010, central bank data show. Russian capital outflows reached a net $46.5 billion in the first five months of the year, including $5.8 billion in May, which is “a lot” for the country, Ignatiev told reporters in St. Petersburg on June 6.

Consumer Defaults

Derivatives traders see no sign of a turnaround.

Wagers on a weaker real on Sao Paulo-based BM&FBovespa’s futures exchange rose to $4.7 billion on June 12, the most since February 2010, according to data compiled by Bloomberg.

Option traders are the most bearish on the ruble since October and they expect price swings in the rupee to be the biggest in Asia, the data show. Twelve-month forward contracts on the yuan are pricing in a further decline of 0.9 percent in a year.

A surge in bad loans in Brazil will weaken the real further, said Amit Rajpal, who manages global financial funds for London-based Marshall Wace LLP. The default rate on consumer debt rose to 7.6 percent in April, matching the highest level since December 2009, as lending growth slowed to 18 percent from a record 34 percent in September 2008, according to the central bank.

India Deficit

“What we’ll see now is basically a full-blown credit problem,” said Rajpal, who predicts rising defaults in Brazil will resemble the collapse of the U.S. subprime mortgage market five years ago.

In India, Prime Minister Manmohan Singh is grappling with trade and budget deficits, corruption scandals and fighting in the ruling coalition. The country may become the first among the BRIC nations to lose its investment-grade rating, Standard & Poor’s and Fitch Ratings said this month. India’s budget gap amounted to 5.8 percent of gross domestic product, compared with 4.2 percent in Portugal and 3.9 percent in Italy, according to data compiled by Bloomberg.

China has cut its growth target this year to 7.5 percent, from the 8 percent goal that had been in place since 2005. Home values fell in a record 54 of 70 cities tracked by the government in May, while industrial production growth slowed to a three-year low in April.

In Russia, the price of Urals crude, the country’s main export blend, sank 26 percent this quarter. Russia relies on oil and gas for about 50 percent of its budget revenue.

Investors are still too bullish on assets in the BRIC nations as Europe’s debt crisis weighs on emerging economies, said Eric Fine, a money manager at Van Eck Global.

“They will do poorly when the world is doing poorly,” Fine, whose firm oversees about $35 billion, said in a phone interview from New York. “I don’t believe in decoupling.”

To contact the reporters on this story: Ye Xie in New York at yxie6@bloomberg.net; Michael Patterson in London at mpatterson10@bloomberg.net

To contact the editors responsible for this story: Laura Zelenko at lzelenko@bloomberg.net; Dave Liedtka at dliedtka@bloomberg.net





Read more...