We must get ready for a weak-dollar world
By Jeffrey Garten
Published: November 29 2009 20:02
The two most significant structural consequences of the recent financial debacle are the massive deficits and debts of the US and the shift of economic power from west to east. There is only one effective way for governments to address the combined impact of both: press for a sea change in currency relationships, especially a permanently and greatly weakened dollar.
The roots of this situation are well known. The American budget deficit of this past fiscal year reached 10 per cent of gross domestic product, the largest since the aftermath of the second world war. Meanwhile, the net external debt of the US nearly tripled last year to $3,500bn and it is projected to increase by nearly $1,000bn every year for the next decade. All this underestimates the problems of a country where unfunded liabilities for baby boomer entitlements are in the stratosphere, infrastructure deterioration is scandalous and many large states are out of money. To close the gaps, taxes would have to be raised to sky-high levels and spending brutally slashed. It would take a miracle if America’s political system – one rife with vicious partisanship and riddled with well-financed special interests – could do either, let alone both.
Washington will therefore have little choice but to take the time-honoured course for big-time debtors: print more dollars, devalue the currency and service debt in ever cheaper greenbacks. In other words, the US will have to camouflage a slow-motion default because politically it is the easiest way out.
There is another factor pushing America towards a weaker dollar: lacking the domestic consumer demand that came with the unrestrained credit of the past 15 years, the US is desperate to find buyers abroad, especially in emerging markets where the middle class is growing and infrastructure requirements are soaring. A cheaper dollar could make US products and services more competitive.
Meanwhile, in the coming decade, the big emerging markets of Asia will be growing twice as fast as the US and three times faster than the European Union. By 2020, China, India, Indonesia, Korea and Vietnam together could generate more wealth than the the US, Japan and the EU combined. China, India, and South Korea have all been amassing dollar reserves and will be looking to reduce them. While imports into leading industrial countries have slowed, intra-Asian trade is booming and need not be financed only in dollars. The bottom line: Asian currencies are likely to strengthen against the dollar.
A much cheaper dollar is a sad development for the US, even though it is inevitable. It will make the US poorer, since Americans will pay higher prices for everything they buy from abroad – clothes, computers, cars, toys, food, you name it. It will make the US military presence abroad more expensive, since the cost of contractors and local suppliers will escalate in dollar terms. It will slow imports, removing competition that is essential to hold down the general price level in America, thereby making inflation more likely. It will send the wrong price signals for a country that prides itself on creating sophisticated, highly valuable products, for a low dollar will encourage producers to compete on price more than quality. It will diminish the political influence and prestige that the US has had while the dollar has been king.
Moreover, the US dollar has been at the heart of the global economy for well over half a century. Its demise, if not smooth and gradual – hardly certain – could lead to an era of competitive devaluations and other mercantilist trade policies.
An alternative to a global monetary system that has been centred on the dollar is now imperative. That means a multi-currency framework including the euro, the yen, the renminbi and significant issuance of an IMF-backed currency called “special drawing rights”. This regime will take time to devise, but it should start now.
That is why Tim Geithner, US Treasury secretary, should invite his colleagues in the UK, eurozone, Japan and China to meet secretly, perhaps between Christmas and New Year, to start discussions out of the public spotlight (to avoid spooking markets). The big question: what kind of monetary system will best serve the world given deep-seated changes in the balance of economic power, and what process can be followed to develop it?
Since the late 1980s I have believed that a strong dollar was in the US and world interest. Now, however, the context has fundamentally changed. The issue is no longer whether the dollar is in long-term decline but which of two options will be taken. Should Washington and other capitals calmly and deliberately manage the transition to a new era, or, by default, should they let the market do it, with the risk of massive financial disturbances. Today, governments have a choice. Soon they may not.
The writer is the Juan Trippe professor of international trade and finance at the Yale School of Management
Copyright The Financial Times Limited 2009
WE MUST GET READY FOR A WEAK-DOLLAR WORLD / THE FINANCIAL TIMES COMMENTARY & ANALYSIS ( VERY HIGHLY RECOMMENDED READING - A MUST READ)
DON´T BANK ON THE BANKS / SPROTT ASSET MANAGEMENT ( RECOMMENDED READING )
DON´T BANK ON THE BANKS
Click on : http://www.sprott.com/Docs/MarketsataGlance/11_09%20Dont%20Bank%20on%20the%20Banks.pdf
A BIG BUST AND WAR IN OUR FUTURE ? / BUSINESS INTELLIGENCE MIDDLE EAST( RECOMMENDED READING )
In his gloomiest prediction yet, Marc Faber sees big financial bust leading to war
Published: Fri November 20, 2009 5:36 pm
INTERNATIONAL. Marc Faber, the Swiss fund manager and Gloom Boom & Doom editor, said eventually there will be a big bust and then the whole credit expansion will come to an end. Before that happens, governments will continue printing money which in time will lead to a very high inflation rate, and the economy will not respond to continued stimulus.
Speaking at a conference in Singapore on Wednesday, Faber said: "The crisis has not solved anything. On the contrary there is less transparency today than there was before. The government's balance sheet is expanding, and the abuses that have led to the one cause of the crisis have continued".
"I think eventually there will be a big bust and then the whole credit expansion will come to an end," Faber added.
"Before that happens, governments will continue printing money which in time will lead to a very high inflation rate, and the economy will not respond to stimulus".
In one of his Gloomiest predictions, Faber, referred to as Dr Doom, said "the average family will be hurt by that, and then in order to distract the attention of the people, the governments will go to war".
"People ask me against whom? Well, they will invent an enemy," Faber said.
"At some stage, somewhere in future, we will have a war - that you have to be prepared for. And during war times, commodities go up strongly,” said Faber.
"If you want to hedge against war, you don't want to own derivatives in UBS and AIG, but you have to own them physically, like farmland and agricultural commodities. That is something to consider for you as a personal safety and hedge. You have to own some commodities," he added.
In a Bloomberg Television interview in Singapore Wednesday, Faber said "What will continue to happen is that the S&P 500 and the Dow Jones will go down relative to gold.
"I think gold will go up more," he added.
“Will it go US$2,000, US$200,000 or US$2 trillion? I don’t know,” Faber said. “But if you have money printing in the world, then the price will over time rise. It will go up more for things that you just can’t increase the supply, and the supply of precious metals is very limited.”
Faber expects the US government to increase its stimulus spending should the Standard & Poor’s 500 Index fall toward 900. The US budget deficit under President Barack Obama’s administration reached a record US$1.4 trillion in the fiscal year that ended Sept. 30. Debt amounted to 9.9% of the nation’s economy, triple the size of the 2008 shortfall.
“I don’t think the S&P will drop below 800 or 900, and eventually will go higher in nominal terms, but not necessary in real terms,” he said, predicting a correction in the measure in the “near term.”
Faber has been warning about a collapse of the capitalistic system 'as we know it today,' massive government debt defaults and the impoverishment of large segments of Western society.
In a May interview with CNBC, he said central banks will continue to print money at full speed, but long-term this strategy will lead to a fall in purchasing power and living standards, especially in developed countries.
The years 2006 and 2007 were "the peak of prosperity" and the world economy is not likely to return soon to that level, he added.
Unless the system is cleaned out of losses, "the way communism collapsed, capitalism will collapse," according to Faber. "The best way to deal with any economic problem is to let the market work it through."
"I repeat what I have said in the past," Faber said. “No decent citizen should trust the Federal Reserve for one second. It’s very important that everyone own some gold because the government will make the dollar (in the long term) useless."
WHAT IS NEXT FOR GOLD ?
November 28, 2009 – In my last commentary about gold on October 25, I noted that “gold is a much different market over $1000 because of all the new players being attracted to gold.” Since then we have seen a good example of what I meant. Gold has rocketed higher, as is clear on the following chart.
Despite gold’s big gains in recent weeks, it is not yet time to take profits. The above chart remains very bullish, so it is reasonable to forecast higher gold prices in the weeks ahead.
Gold has clearly broken out from the huge base it formed over the past two years. This base is a ‘rocket pad’ that has launched gold, which I expect has the capacity over the next few weeks to climb into the $1200 to $1400 range I forecast for year-end, but it could be volatile. The $50+ trading range in gold this past Friday may be an indication that more volatility is coming.
In any case, gold is doing what I have been expecting. Namely, gold hurdled above $1000 with real power and follow-through. This powerful action is a point I made often made in my media interviews this past summer, namely, that gold would keep climbing once $1000 was hurdled.
What’s next for gold? I still think $1200-$1400 is a reasonable target for the end of this year, so I am staying with that forecast. But first, it seems likely that gold will re-test support seen this past Friday. So I expect gold to trade under $1150 some time this week. If we do see a drop into the $1140s, it will be an ideal opportunity for traders to add to their position.
THE FUTURE OF GOLD / FOX BUSINESS NEWS ( HIGHLY RECOMMENDED VIEWING )
GOLD RUSH FORCES US TO CLIP EAGLE SALES / THE FINANCIAL TIMES
Gold rush forces US to clip Eagle sales
By Javier Blas in London
Published: November 26 2009 17:12
The rush by retail investors into gold has forced the US government to suspend sales of the world’s most popular bullion coin, the American Eagle, after running out of inventories.
The shortage, the second since the start of the financial crisis in August 2008, is the latest sign of investors seeking a safe haven into bullion amid the US dollar woes. Safe-haven buying spurred by concerns about the health of Wall Street and a spike in inflation due to a lax monetary policy have also benefited gold sales.
“The US Mint has depleted its current inventory of 2009 American Eagles one-ounce bullion coins due to the continued strong demand,” the mint said in a statement late on Wednesday. It added that selling will resume “once sufficient inventories . . . can be acquired to meet market demand”.
The stoppage helped to push gold prices yesterday to a fresh all-time high of $1,194.90 a troy ounce, up 0.5 per cent on the day. Bullion later pared gains to trade at around $1,185 a troy ounce as the US dollar strenghtened.
The mint suspended sales last year after the collapse of Bear Stearns and Lehman Brothers triggered a wave of buying that depleted its stocks. Coins dealers have reported ocassional shortages of other popular coins.
Philip Newman, director at London-based precious metal consultancy GFMS, said that physical gold demand in North America had picked up in the last two months.
The US Mint has sold about 1.19m ounces of American Eagles so far this year, up almost 75 per cent from the same period last year and on track to be the highest annual volume in ten years, according to official data. Sales of American Eagle’s silver coins have hit 26m ounces, the highest level in at least 23 years.
Although gold and silver coins account for a relatively small fraction of the precious metals market, analysts see them as a good proxy of retail investor appetite.
Gijsbert Groenewegen, managing director at New York-based precious metals hedge fund Silver Arrow Capital, said that investors were shifting from paper assets to physical assets. “Bullion is the only asset without counterparty risk,” he said.
The scarcity of American Eagle coins ahead of the Christmas-period, which usually sees strong demand for bullion, pushed coins premiums higher.
FideliTrade, a major US-based coins bullion dealer, quoted the American Eagle at almost $60 above spot gold prices, much higher than quotes for other coins.
Traditionally, the American Eagle and its sister the American Buffalo are the world’s best selling gold coins, followed by the the Canadian Maple Leaf, the Austrian Philharmonic and the South African Krugerrand.
Turkey’s local gold coins sell even more that its American counterpart, but trade is limited to within the country.
Copyright The Financial Times Limited 2009.
ECB SPURNS IMF WITH EARLY EXIT STRATEGY / THE FINANCIAL TIMES ( HIGHLY RECOMMENDED READING )
ECB spurns IMF with early exit strategy
Published: November 29 2009 17:51
If you are a slow mover, you start early. That will be the European Central Bank’s leitmotif as it presses ahead this week with plans to unwind exceptional measures taken to combat the economic crisis.
The Frankfurt-based ECB will leave its main interest rate unchanged at 1 per cent. However, although anxious to avoid drama, expected policy tweaks will underline its determination to implement a timely “exit strategy” and return gradually to something akin to its pre-crisis way of controlling interest rates and providing liquidity.
In doing so it will put itself at odds with the International Monetary Fund, whose managing director, Dominique Strauss-Kahn, has urged policymakers to err “on the side of caution, as exiting too early is costlier than exiting too late”.
Events in Dubai have re-awoken fears of global instability. But the ECB believes the opposite to the IMF – that acting too late is as dangerous as acting too early, if not more so.
Lorenzo Bini Smaghi, an ECB executive board member, argued earlier this month that “the ‘err on the side of being late’ paradigm is potentially as dangerous as the ‘productivity growth’ paradigm of the late 1990s and the ‘fear of deflation’ paradigm of the early 2000s, which led some advanced economies to implement policy stimuli for too long, sowing the seeds of the subsequent crisis”.
A significant fear is of asset price bubbles emerging in Asian countries, which are ahead of the eurozone and US in the economic cycle. One risk is that the ECB, acting faster than the US Federal Reserve, hits exporters by sending the euro higher.
Hours after Thursday’s ECB meeting, Ben Bernanke, the Fed chairman, will speak in Washington at a hearing on his reappointment – increasing the need for Jean-Claude Trichet, the ECB president, to calibrate his message carefully.
So far Mr Trichet has been cautious about eurozone growth prospects. Continental Europe’s worst recession since the 1930s ended in the third quarter, when eurozone gross domestic product rose 0.4 per cent. But the disruption in Dubai has underlined the fragility of economic confidence globally, and eurozone growth was in any case expected to remain anaemic well into 2010.
The ECB’s exit strategy reflects both a return to more normal conditions in financial markets and worries that some eurozone banks are becoming dependent on emergency liquidity provided since Lehman Brothers collapsed in September 2008. Since then the ECB has been matching in full banks’ demand for liquidity for periods of up to 12 months.
In June, banks borrowed €442bn ($662bn, £401bn) in one-year loans – the largest sum ever injected in a single ECB operation. That has ensured that liquidity will remain abundant in the system until at least mid-2010. As part of what economists dubbed “easing by stealth”, it also drove down overnight market interest rates, which are significantly lower than the main policy rate of 1 per cent.
The ECB will not signal a revolution on Thursday and is in no hurry to bring overnight rates back up to the main policy rate’s level. But Miguel Fernández Ordóñez, the Bank of Spain’s governor, told the Financial Times this month that “if you want to be gradualist, you have to anticipate”.
Mr Trichet is expected to confirm that another auction of unlimited one-year liquidity in late December will be the last. Still to be decided is whether also to charge a higher interest rate than 1 per cent, or index the interest rate to changes in the main policy rate. Doing so might be seen as a monetary policy tightening step, although the ECB would probably deny that was its intention.
The ECB is expected to continue for some time to match in full banks’ demand for liquidity in its regular weekly operations. But the level of demand for one-year liquidity in December will, in turn, influence demand for three and six-month liquidity offered in 2010. Mr Trichet may also say this week how those operations will work in future. One option would be to test financial market reaction to a return to a bidding system for some such operations – which would mark another step back towards the pre-crisis regime.
Copyright The Financial Times Limited 2009.
THIRTY FINANCIAL GROUPS ON SYSTEMIC RISK LIST / THE FINANCIAL TIMES ( RECOMMENDED READING )
Thirty financial groups on systemic risk list
By Patrick Jenkins and Paul J Davies in London
Published: November 29 2009 23:30
Thirty global financial institutions make up a list that regulators are earmarking for cross-border supervision exercises, the Financial Times has learnt.
The list includes six insurance companies – Axa, Aegon, Allianz, Aviva, Zurich and Swiss Re – which sit alongside 24 banks from the UK, continental Europe, North America and Japan.
The list has been drawn up by regulators under the auspices of the Financial Stability Board, in an effort to pre-empt systemic risks from spreading around the world in any future financial crisis.
Insurers are considered systemically important for a variety of reasons: they might, for example, have a large lending arm, such as Aviva, or a complex financial engineering business, akin to that of Swiss Re.
Supervision spotlight
Banks
US
Bank of America Merrill Lynch
Citigroup
Goldman Sachs
JPMorgan Chase
Morgan Stanley
Canada
Royal Bank of Canada
UK groups
Barclays
HSBC
Royal Bank of Scotland
Standard Chartered
Switzerland
Credit Suisse
UBS
France
BNP Paribas
Société Générale
Spain
BBVA
Santander
Japan
Mitsubishi UFJ
Mizuho
Nomura
Sumitomo Mitsui
Italy
Banca Intesa
UniCredit
Germany
Deutsche Bank
Netherlands
ING
Insurance groups
Aegon
Allianz
Aviva
Axa
Swiss Re
Zurich
AIG of the US, the failed insurance group, was proven to be a vast systemic risk last year, in large part because of its diversification from insurance into complex financial engineering.
Raj Singh, chief risk officer of Swiss Re, said: “The real interconnectivity for the insurance industry is more muffled in that there needs to be a dual trigger for there to be any big systemic effects.”
The list, which is not public, contains many of the multinational bank names that would be widely expected.
The exercise follows the establishment of the FSB in the summer and is principally designed to address the issue of systemically important cross-border financial institutions through the setting up of supervisory colleges.
These colleges will comprise regulators from the main countries in which a bank or insurer operates and will have the job of better co-ordinating the supervision of cross-border financial groups.
As a spin-off from that process, the groups on the list will also be asked to start drawing up so-called living wills – documents outlining how each bank could be wound up in the event of a crisis.
Regulators are keen to see living wills prepared for all systemically important financial groups, but the concept has split the banking world, with the more complex groups arguing that such documents will be almost impossible to draft without knowing the cause of any future crisis.
Paul Tucker, deputy governor of the Bank of England, and head of the FSB working group on cross-border crisis management, said recently that the wills – also known as “recovery and resolution” plans – would have to be drawn up over the next six to nine months.
National regulators, led by the UK, are known to have begun pilot-testing the living wills exercise with some of the listed banks in the past few weeks.
Copyright The Financial Times Limited 2009
THE PEOPLE´S POLICE / THE FINANCIAL TIMES ( RECOMMENDED READING )
Published: November 29 2009 19:42

Panasonic did not become one of the world’s largest 100 companies by taking instructions from Chinese bureaucrats. Yet the Japanese electronic goods maker, founded as Matsushita in 1918, finds itself in the uncomfortable position of having to do just that, following a landmark ruling by China’s commerce ministry.
Beijing this month fired a warning to acquisition-hungry chief executives across the globe when it demanded that Panasonic divest several coveted assets in Japan, in return for granting local antitrust approval for its proposed $9bn takeover of Sanyo Electric, a domestic rival. The ruling marks the first time that China has used powers introduced in August 2008 to compel disposals outside the mainland as part of an anti-monopoly review. And the message was clear: operating in the world’s hottest market can come at considerable cost.
Certainly, China is hardly alone in taking such actions. The US and European Union are among jurisdictions that have used the lure of access to their vast consumer markets to impose conditions on outside companies. US groups including General Electric and Microsoft can testify to several bruising battles with EU competition authorities.
But judging by the increasingly muscular rulings issued in recent months, Beijing has quickly emerged as a rival power centre and is using new laws to stamp its own idiosyncratic brand of capitalism on global companies engaged in high-profile mergers and acquisitions. As in other areas, China is slowly imposing its will on world commerce.
Beijing has used the anti-monopoly laws to force global companies engaged in mergers and acquisitions to sell mainland assets or, in the case of Coca-Cola, to block an acquisition of a local company. This increasingly robust approach towards global M&A that might affect its domestic market is raising concerns among international dealmakers, who fear it could constrain takeover activity.
A year of rulings
Nov 08 China clears InBev’s $52bn takeover of Anheuser-Busch but imposes restrictions to stop the Belgian brewer acquiring interests in four Chinese companies
“Without question, merger clearance in China is a major issue for global companies considering M&A,” says Nicholas French, co-head of Freshfields’ China competition practice. “There is concern among dealmakers that they could encounter additional hurdles in China, compared to, say, the EU,” he adds.
China’s anti-monopoly laws are largely based on the EU model. As well as merger control, they cover the abuse of dominant market positions and anti-competitive agreements. Indeed, just days before the Panasonic ruling, state-owned China Mobile, the world’s largest mobile phone group with 500m subscribers, agreed to pay Rmb1,000 ($145, £90, €100) to settle a lawsuit filed by a customer who alleged it used its monopoly position to extract unfair revenue from users.
The court-mediated settlement was the first of its kind and, in spite of the small sum, is significant because it has the potential to open vast floodgates. Several other blue-chip mainland companies face monopoly-related legal action, as does Microsoft.
It does not take much for global companies embarking on M&A to find themselves having to deal with China’s merger authorities. Companies have to file for local antitrust approval where each has turnover of Rmb400m in China as well as total global turnover of Rmb10bn, or combined turnover in China of Rmb2bn.
Multinationals speak privately of their frustration at the slow pace and opacity of the country’s merger review process. Some believe it is being used as a tool to protect domestic rivals from competition and suspect that – unlike in the US, EU and Japan – merger reviews are open to industrial policy considerations.
In Panasonic’s case, China’s anti-monopoly bureau, which sits within the commerce ministry, accepted the company’s filing four months after it first lodged its paperwork. The review was also the first to proceed to “stage three”, meaning case officers had six further months to deliberate. The bureau eventually ruled that the Panasonic/Sanyo combination would have a market share in China of 46 per cent or more in three battery segments, ordering it to divest several production facilities in Japan and halve its stake in a non-Chinese joint venture with Toyota.

While authorities in the US and EU also asked Panasonic to sell overseas units, they did not seek action on the joint venture. “Extraterritorial divestments such as those specified in the Panasonic ruling are not routine in other antitrust jurisdictions such as the US or EU,” says Michael Han, also of Freshfields in Beijing. “Enforcement in China has been relatively more aggressive than expected.”
In another case, Beijing in September ruled that General Motors’ acquisition of some units of Delphi, the bankrupt US car parts maker, would restrict competition on the mainland. It slapped on several conditions, including a ban on exchanging trade secrets on Delphi’s other Chinese customers. Authorities in the US and Europe blessed the same deal without conditions.
Companies always have the option to divest their Chinese operations rather than accept onerous conditions from Beijing. But that is an approach likely to shut them out from China’s market for generations to come.
Not only is China’s sheer size giving it a big sway in global antitrust regulation. Global dealmakers are also finding themselves beholden to a handful of young technocrats at its anti-monopoly bureau.
Those involved with merger filings in Beijing say a typical case team is made up of three bureaucrats; a director in his mid-30s and two younger assistants. “The lead member will typically be razor-sharp and have a sound knowledge of competition law – but lack experience of global business,” says a Beijing-based lawyer who has worked on several filings.
Case teams make their recommendations to Shang Ming, the director-general of the anti-monopoly bureau, before final sign-off by Ma Xiuhong, a vice-minister of commerce. But given the technical nature of the work and lack of expertise higher up the chain of command, recommendations are rarely revised.
This is contrary to China’s more typical top-down approach to decision-making and is frustrating investment bankers and corporate executives who are used to lobbying senior government ministers for their preferred outcomes. “Rarely in Chinese history has so much power been in the hands of such young bureaucrats,” laments one veteran investment banker based in Beijing.
Chinese antitrust officials are aware that some of their decisions have generated disparaging global comment, which they see as largely unfair. The belief in Beijing is that officers are diligently applying pro-consumer laws that are common in the west.
Still, one change in recent months has been that Chinese merger review rulings are being accompanied by longer explanations, in an attempt to justify decisions. The first few rulings came with just two or three pages of explanation on crucial areas such as the definition of market share, compared with weighty tomes often issued by the US and EU authorities.
By contrast to merger control, the new laws proscribing anti-competitive agreements are less developed and aggressively applied. Laws relating to pricing and anti-competitive behaviour are the responsibility of the State Administration of Industry and Commerce and the National Development and Reform Commission, which are soon expected to announce detailed implementation guidelines. These two entities will also come to wield huge powers in their respective niches.
Nevertheless, recent events have provided encouragement to campaigners hoping to use fresh legal powers to tackle what they allege is a rampant abuse of dominant positions by many of China’s leading companies. As well as the China Mobile lawsuit, about 10 cases have been filed alleging anti-consumer behaviour. These include suits against China Netcom, Baidu and Sinopec, which await settlement. Plaintiffs are seeking compensation for alleged antitrust abuses such as telephone bills that are too high – a common target for litigation in the west.
Zhou Ze, the Beijing civil rights lawyer who secured the settlement with China Mobile, predicts that other Chinese consumer companies will become subject to complaints. “They all have a history as state-owned monopolists and that is where their mindset comes from,” he says. “Consumers will stand up to that.”
However, state-owned enterprises deliver enormous profits to the government and employ tens of millions. The possibility that these important arms of the state could be deluged with court cases from aggrieved consumers has forced the authorities to move more cautiously on this aspect of the anti-monopoly laws.
Dong Zhengwei, a lawyer who filed the case against Microsoft, says a Beijing court recently rejected his complaint over telecoms fees and the restructuring of the country’s state-owned telecoms industry. Mr Dong recalls: “They said, ‘What does the restructuring of the telecom sector or state-owned monopolies have to do with you as an individual?’ I said I am a consumer. They said, ‘China has 1.3bn consumers. If they all come suing, what should we do?’”
Foreign companies are also in the frame. Many law firms that represent them in China say their clients have been threatened with litigation under the new law, though none of these suits has yet been decided. But the coming guidelines could specify the level of damages or whether consumer associations can sue on behalf of individuals, which would allow lawyers to bring more lucrative suits.
In the meantime, foreign companies are scrambling to reduce potential risks by auditing whether their Chinese business complies with the new laws. “If 2009 was the year for the emergence of merger control, then next year is likely to see the emergence of those ministries responsible for policing monopolistic pricing and behaviour,” says Freshfields’ Mr Han.
Additional reporting by Kathrin Hille, Kerry Ma and Shirley Chen
National regimes have widely varying enforcement power
Historians trace today’s competition regimes back to the Roman empire, writes Nikki Tait. A law dating from the time of Julius Caesar and related to the corn trade imposed heavy fines on anyone who tried artificially to boost the price of the grain. Sanctions against corn monopolies were later extended to other goods and provisions.
A couple of millennia later, competition law has developed into a sophisticated tool that aims to give market-based dynamics a helping hand. The basic underlying principle is simple (even if the real-life economics are often more complex): if you make it easier for companies to compete fairly, there will be benefits for customers both in terms of price and innovation.
Accordingly, most competition regimes comprise three or four main features. They typically ban agreements that prevent groups from competing (such as cartels, where members jointly agree prices or market share). They oversee mergers, to prevent monopolies or oligopolies developing. And they ban abusive behaviour – such as predatory pricing – by companies that do have dominant market positions in their markets.
In the European Union, where a central objective is a level playing field among member states, there is also a state aid regime. This tries to ensure that national governments do not distort competition and trade within the bloc by doling out subsidies on a selective basis.
The age of national competition regimes varies considerably. The US Federal Trade Commission was established in 1914 as part of the battle to “bust the trusts”. Germany’s Bundeskartellamt, or federal cartel office, dates from the 1950s and the UK’s competition regime also developed significantly in the postwar decades. The collapse of communist regimes and the move to more market-based economies have brought an increasing number of competition watchdogs on to the global scene. This year, the International Competition Network – designed to facilitate convergence among antitrust enforcement agencies – comprised 104 agencies in 94 jurisdictions.
Their scale and resources vary hugely: the Zambian Competition Commission has fewer than 20 staff and an annual budget equivalent to about $600,000 (£365,000, €400,000), according to one 2009 industry handbook, while the FTC has more than 1,000 employees and a 2008 budget (for both competition and consumer protection work) of $244m.
Lawyers are paying increasing attention to agencies which have been less prominent in the past. Japan’s Fair Trade Commission, for example, has been noticeably more active in recent years. Along with counterparts in Spain, South Africa, the Czech Republic and Hungary, it ranked well in a survey of users conducted this year by Global Competition Review, a UK-based industry publication.
Copyright The Financial Times Limited 2009
Bienvenida
Les doy cordialmente la bienvenida a este Blog informativo con artículos, análisis y comentarios de publicaciones especializadas y especialmente seleccionadas, principalmente sobre temas económicos, financieros y políticos de actualidad, que esperamos y deseamos, sean de su máximo interés, utilidad y conveniencia.
Pensamos que solo comprendiendo cabalmente el presente, es que podemos proyectarnos acertadamente hacia el futuro.
Gonzalo Raffo de Lavalle
Las convicciones son mas peligrosos enemigos de la verdad que las mentiras.
Friedrich Nietzsche
Quien conoce su ignorancia revela la mas profunda sabiduría. Quien ignora su ignorancia vive en la mas profunda ilusión.
Lao Tse
No soy alguien que sabe, sino alguien que busca.
FOZ
Only Gold is money. Everything else is debt.
J.P. Morgan
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Entradas populares
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THE FALCON LAKE MURDER AND MEXICO´S DRUG WARS / STRATFOR INTELLIGENCE ( HIGHLY RECOMMENDED READING )The Falcon Lake Murder and Mexico's Drug Wars October 21, 2010 0855 GMT By Scott Stewart STRATFOR published an analysis last Wednes...
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The eurozone must shrink to survive Mohamed El-Erian May 14, 2012 Permalink Extreme political dysfunction is now...
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Markets Insight . . Last updated: May 14, 2012 6:34 pm . . A whale in the waters of negative yields . . By Bill Gross ...
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. REVIEW & OUTLOOK May 23, 2012, 7:11 p.m. ET A Mess the 45th President Will Inherit Taxpayers now stand behind deriv...
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.. Mutually assured destruction in the eurozone Jean Pisani-Ferry May 22, 2012 Permalink The relationship between Gre...
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Taxpayers must backstop Spain’s budget . Martin Feldstein . April 30, 2012 Permalink Spain is rapidly approaching...
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. THE ROVING EYE A history of the world, BRIC by BRIC . Apr 28, 2012 . By Pepe Escobar . Goldman Sachs - via economist Jim O'N...
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Gold & Gold Miners Are Closing in on a Major Bottom May 14th, 2012 at 8:38 am . “You can’t understand what lays ahead if...
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The Great American Disaster: How Much Gold Remains In Fort Knox? by Chris Weber A Huge Mystery Remains To Be Solved Yesterday marked t...
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May 20, 2012 6:30 pm The only way to stop a eurozone bank run By Wolfgang Münchau If you want to know what will dr...
Entradas populares
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THE FALCON LAKE MURDER AND MEXICO´S DRUG WARS / STRATFOR INTELLIGENCE ( HIGHLY RECOMMENDED READING )The Falcon Lake Murder and Mexico's Drug Wars October 21, 2010 0855 GMT By Scott Stewart STRATFOR published an analysis last Wednes...
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April 8, 2012 7:32 pm US union pensions hole deepens to $369bn By Dan McCrum and Ajay Makan in New York . The...
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RGE's Wednesday Note: Greek Contagion Spreads—Time for Plan B Greetings from RGE! Even as the IMF and the eurozone have virtually finaliz...
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Nestlé The unrepentant chocolatier Oct 29th 2009 LAUSANNE AND VEVEY From The Economist print edition The world’s biggest food company is...
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Executive Doomsday Order: Obama Authorizes Gov to Seize Farms, Food, Processing Plants, Energy Resources, Transportation, Skilled Laborers ...
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Feature . SATURDAY, MARCH 10, 2012 . The Worst of Times to Buy Stocks? . By RANDALL W. FORSYTH A leading fund manager se...
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. The Neuroeconomics Revolution Robert J. Shiller 2011-11-21 . NEW HAVEN – Economics is at the start of a revolution tha...
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The eurozone must shrink to survive Mohamed El-Erian May 14, 2012 Permalink Extreme political dysfunction is now...
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France and the euro crisis The ratings game The perils for Nicolas Sarkozy in trying to preserve a credit rating Dec 3rd 2011 PARIS ....
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Peru's reviving left Oh! Susana A mayoral contest may rewrite the country’s political script Sep 23rd 2010 | Lima ...
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