Using anti-trust to fix the banking (and automotive?) problem

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I heard them talking about this idea on NPR right before I got out to get some food, and thought it's a brilliant idea... at least on the surface. If these companies are so huge that their failure would directly lead to the collapse of the United States economy, then why are they allowed to be so huge in the first place?

baselinescenario.com said:
In early February I suggested there was a showdown underway between the US Treasury and the country?s largest banks. Treasury (with the Fed and other regulators) is responsible for the safety and soundness of the financial system, the banks are mostly looking out for their own executives, and the tension between these goals is ? by now ? quite evident.

As we?ve been arguing since the beginning of the year, saving the banking system ? at reasonable cost to the taxpayer ? implies standing up to the bankers. You can do this in various ways, through recapitalization if you are willing to commit more taxpayer money or pre-packaged bankruptcy if you want to try it with less, but any sensible way forward involves Treasury being tough on the biggest banks.

The Administration seems to prefer ?forbearance?, meaning you just ignore the problem, hope the economy recovers anyway, and wait for time or global economic events to wash away banking insolvency concerns. But this strategy is increasingly being undermined by the banks themselves ? their actions threaten financial system stability, will likely force even greater costs on the taxpayer, and demonstrate fundamentally anticompetitive practices that inflict massive financial damage on ordinary citizens.
As the NYT reported yesterday, the Federal Reserve ? on behalf of all bank supervisers ? recently requested banks in no uncertain terms (1) not to reveal stress test results, (2) not to give other indications of their financial health, and (3) most of all, not to announce capital raising plans immediately. The point, of course, is to manage the flow of information so that plans can be made to help the weaker banks at the same time that the market realizes exactly who needs what kind of help.

Amazingly, the biggest banks are defying the federal authorities on this point, insisting on signalling their soundness and ? in the case of Goldman Sachs ? rushing to raise capital. In the case of Goldman, the explicit intention is to pay back TARP funds and to escape all government-imposed limitations on compensation. This would obviously be good for Goldman and the people who run it. Anything that strengthens their advantage over competitors and increases market share will presumably raise their profits and compensation, making it easier to attract even more good people. (See my discussion with Terry Gross yesterday for more on these dynamics.)

Such developments would worsen the business prospects of other large banks and potentially threaten their financial situation. The government?s forbearance strategy is fragile unless big banks do as the supervisers tell them. But Goldman and other major players apparently think they have so much political power ? and this may be more about connections on Capitol Hill than links with the Administration ? that they can ignore the supervisers.

Treasury can try to refuse repayment of TARP funds, but Goldman would hardly have made its move unless repayment (particularly after announcing the intention) is essentially a done deal. Supervisers can send more assertive emails, but these are hardly likely to have any effect. The President himself can call on leading bankers to behave better, but didn?t he just do that (and isn?t that what Valerie Jarrett is working hard on)?

My practical friends in the Administration like to emphasize that ?we are where we are? and that we need to understand the limitations of the policy tools in hand and the realities of our political constraints. I completely agree.

The Department of Justice?s Antitrust Division should be called in to investigate the increasing market share of major banks (remember that Bear Stearns and Lehman are gone), the anti-competitive practices of some market leaders (there?s more than one predatory way to force your rivals into bankruptcy and to move closer to monopoly power), and the broader increase in economic and political power of the biggest financial services players over the past 20 years and the last 6 months ? this is potentially damaging to all consumers and, obviously, to all taxpayers.

Think of the costs arising from the market power of major banks ? and it is financial market power that makes them ?too big to fail?; the FDIC has no trouble handling the failure and liquidation of small banks. We started this crisis with privately held government debt at around 40% of GDP. My baseline view is that we will end up closer to 80% of GDP. This means higher taxes for all of us, and this is absolutely not a ?left vs. center? or ?left vs. right? issue. This is left, right, and center against those parts of the center who insist that we should go back to having the same organizations, essentially unchanged compensation schemes (and all they imply about ?Wall Street owns the upside and taxpayers own the downside?), and even more concentrated market power in our financial system.

Probably we need to modernize our thinking about the exact nature of threats arising from financial trusts. Perhaps we need, at some point, new legislation that reflects this thinking. But we can make a great deal of progress, here and right now, with appropriate enforcement of our existing antitrust laws.

The pushback, of course, will be: you can?t do this in the middle of a recession ? it will slow the recovery. Honestly, as my colleague Mike Mussa emphasized last week, banking is more likely to follow than lead the recovery; in fact, this is the exact logic that underpins the Administration?s forbearance strategy.

The goal of this antitrust action is to prevent some big banks from further destabilizing the system, hence reducing a serious downside risk. It?s also to limit the taxpayer costs arising from this crisis; for all major bank rescues, the cost is not just the bailout, it?s also the higher fiscal deficit, increased debt, taxes down the road and ? given today?s predicament ? the very real inflation risks arising from even more monetary expansion. The overarching goal, of course, is to (re)build a more sustainable, sound, and ? in all senses ? competitive financial system.
 
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Thats all well n' good but businesses run on credit. Massive credit (like the kind needed to fund a multi-million dollar project) is readily available when institutions are able to leverage large amounts of assets. Acquiring large amounts of assets inherently means they need to have a large ownership footprint in their industry. Because a mom n' pop bank can't lend 2 billion dollars to Boeing to build a new plane with just 20 million dollars worth of assets. Well...they could...but they'd be quickly going the way of the Dodo.

Not to mention global investments made by American banks. How does a US bank provide funding for a billion dollar project in Japan if that bank isn't allowed to be "huge."

And also, what's "huge?" What are the limits of whats a "huge" bank and what isn't? These are not American-only banks. These are the banks of the world. When put in their proper context (global), these banks are burgeoning monoliths.

So if a bank has 100 million in assets and qualifies as "not huge," can that bank then leverage 100:1 and lend out 10 billion dollars? That wouldn't be against this proposed anti-trust regulation but it would be a nuclear time bomb.

From my perspective, the issue is not scale but rather over-leveraging. It was during the great depression and it is now.
 
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Thats all well n' good but businesses run on credit. Massive credit (like the kind needed to fund a multi-million dollar project) is readily available when institutions are able to leverage large amounts of assets. Acquiring large amounts of assets inherently means they need to have a large ownership footprint in their industry. Because a mom n' pop bank can't lend 2 billion dollars to Boeing to build a new plane with just 20 million dollars worth of assets. Well...they could...but they'd be quickly going the way of the Dodo.
But First Mom and Pop can lend what they can, and Boeing can get the rest from other places, which is what large companies often do anyway. Rather than get a big check cut from one superbank, they can get a couple of smaller checks cut from smaller banks.

Not to mention global investments made by American banks. How does a US bank provide funding for a billion dollar project in Japan if that bank isn't allowed to be "huge."
It doesn't. Japan will just have to get their money from several different sources now, like they do anyway.

And also, what's "huge?" What are the limits of whats a "huge" bank and what isn't? These are not American-only banks. These are the banks of the world. When put in their proper context (global), these banks are burgeoning monoliths.
Well obviously that delves into the technical aspects of the idea, which requires minds smarter than mine; I was just pondering on the abstract. Who's to say, though, that other countries won't follow suit? I'm sure other governments feel the same way about their burgeoning monoliths, and would prefer that they didn't have such disasterous influence over their country's economy.

So if a bank has 100 million in assets and qualifies as "not huge," can that bank then leverage 100:1 and lend out 10 billion dollars? That wouldn't be against this proposed anti-trust regulation but it would be a nuclear time bomb.
Can banks even leverage that now? Obviously regulating how much a bank can leverage would be a part of it, I'm just proposing limiting the physically sheer size of these superbanks.

From my perspective, the issue is not scale but rather over-leveraging. It was during the great depression and it is now.
And we're obviously in the same problem we're in now, after dealing with that over-leveraging problem back then. So how do you fix a problem that's supposedly already been fixed? Do something else.
 
But First Mom and Pop can lend what they can, and Boeing can get the rest from other places, which is what large companies often do anyway. Rather than get a big check cut from one superbank, they can get a couple of smaller checks cut from smaller banks.

It would take 50 small banks (only able to lend 20 million dollars) to even generate $1 billion for a project. Now what about $4 billion for a new plane? Thats not unreasonable for an airplane project. A project like that would require 200 small banks. Just the effort of contacting those banks would be a headache. Not to mention reading the fine print for each and every contract signed. And how does a company like Boeing pay for the staff required to make sure they're not getting screwed over by 1 or even 2 out of the 200 banks they're borrowing from? Boeing isn't in the business of fiduciary regulation.

It doesn't. Japan will just have to get their money from several different sources now, like they do anyway.

So our banks would be at a disadvantage when bidding for a project? "Sorry Japanese company, we use to be able to lend $1 billion dollars and charge 5.5% interest, but policies change."


Who's to say, though, that other countries won't follow suit?

They would be wise not to. Competing against banks stunted by anti-trust laws is mouthwatering.


I'm just proposing limiting the physically sheer size of these superbanks.

If you just want to limit the physical size, you can do that through zoning regulations wherever their bank branches are. :p :lol:


So how do you fix a problem that's supposedly already been fixed?

You don't. There is no perfect monetary system because there are no perfect humans to invent one or to use one.
 
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No business should ever be so big that a government can not let them go bankrupt - I agree, and they should be split up if they get so big. British Leyland circa 1974 - just good fortune/bad luck (depends how you view it) that the Government was so incompetent after investing sooo much money they went bust any how.
 
No business should ever be so big that a government can not let them go bankrupt

My argument is that if a company wants to be global than it needs to be big. In the US, it so happens we have alot of global businesses including banks. Forcing them to remain small consequently forcing them to remain small elsewhere. And that is not viable for an economy looking to grow.
 
My argument is that if a company wants to be global than it needs to be big. In the US, it so happens we have alot of global businesses including banks. Forcing them to remain small consequently forcing them to remain small elsewhere. And that is not viable for an economy looking to grow.
Microsoft is still "globally competitive" after the trustbusters flogged them.

I'll pose a question: If Lehman Bros. and Bear Stearns weren't as large as they were, and didn't have as much influence over the industry as they did, would they have fallen so hard that they brought down the rest of the financial industry with them?
 
Microsoft is still "globally competitive" after the trustbusters flogged them.

Microsoft was a 'monopoly' which hindered competition. Theres plenty of banks around to keep the industry competitive. The comparison is inane.

I'll pose a question: If Lehman Bros. and Bear Stearns weren't as large as they were, and didn't have as much influence over the industry as they did, would they have fallen so hard that they brought down the rest of the financial industry with them?

They weren't large and they didn't have much influence over the industry. Systemic risk was the problem was toppled the first few dominos. Everybody was hearing or being told that banks with mortgage-backed securities on their balance sheets were bad. Thats like saying everyone with a nose is a axe-murderer. Every bank had em and because of that, the majorly over leveraged ones (Bear Stearns was 35:1 !) fell fast and hard. Thankfully the dominos stopped before AIG unloaded it's balance sheet or we'd all be back in caveman days.
 
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