At the Fordham Conference: Time for a New Antitrust? False Assumptions
Friday, March 12th, 2010Carl Felsenfeld: Do we know what the problem is? What are we trying to solve? Antitrust does not deal with Citigroup/Travelers, it should deal with Bank of America/Fleet, Wells Fargo/Norwest. But it didn’t deal with those bank acquisitions. The regulators were out to lunch.
Jesse Markham: Antitrust can only do so much. It also does not do so well where size is due to organic growth. (DM: like Google or Microsoft.)
Zephyr Teachout: Antitrust should be based on size. The DOJ is less subject to regulatory capture, and more inclined to prosecute.
Paul Kaplan: These ideas are against current trends in antitrust. Perhaps a more rigorous application of the Sherman Act would be more effective. Organic growth to a large size is still a problem, but how do you avoid punishing success?
(DM: just met Colin Barr of Fortune. Nice to put a face to the name after all these years.)
Discussant: Canada disallowed securitization for the most part, and stopped more mergers with their banks.
False Assumptions
William Black — Control Fraud & Systematically Dangerous Institutions -Accounting values can be fudged. RBC as well. Difficult to detect Control Fraud. Originating bad loans allows a bank to grow rapidly. Need forensic accountants.
(DM: look for fast growth — quality, quantity, price. Look for new products.)
Lawrence Baxter — When Big Becomes a Problem. – Worked ten years at a major bank that went through a ton of mergers. The self-regulations with each bank having its own risk model doesn’t work. The regulators don’t understand them, and spend time learning what is going on.
(DM: fascinating that no one has talked about why the US bailed out holding companies, rather than letting them fail, and merely backing up the operating subsidiaries. Also, few have fingered the Fed’s monetary policy.)
Shawn Bayern — False Assumptions in Law and Economics — Innovation in the banking is not always a positive. Bonuses to executives skew incentives. (DM: it is a form of asset/liability management.)
Russell Pearce — discussant — Business is self-interested, and short-term greedy. Profit-making is maximized, not even long-term greedy (DM: maximizing the net present value of profits). (DM: incent using long dated restricted common stock — trouble is, it doesn’t incent as well as cash.)
Mark Gimein — discussant — 3 questions a) What of a big rogue banker? The market is good at absorbing single failures. (DM: but not multiple failures.) b) who should do the regulation? Tough to get bright men who are tough who won’t go to work for the banks, or buy into the banks logic. c) Control Fraud is hard to prevent; human nature is that way. No systematic approach to dealing with fraud.
Detecting Fraud — check for adverse selection, honest businessmen won’t do business that way. Also, it never make sense for a secured lender to accept inflated appraisals.
(DM: Look for gain-on-sale accounting. Analyze management culture for short-termism. Remember you can never get pricing, volume and quality at the same time. Financial companies are in a mature industry, so beware sompanies that grow fast. Be aware of long dated accruals.)
Discussant — are we worse off today than in the robber baron era? Not necessarily.
Holmes bad man theory — the law exists to constrain bad men.
I gave a 3-minute rant on how insurers are better regulated than banks. I’ll write more about that tonight in a piece that articulates my views on banking reform.







I write a daily piece on financials for my company’s clients. The stock of the GSEs rose because the odds of them digging out of the hole increased. You can’t dig out of the hole if you are dead, so when you are near that boundary, even small changes in the distance from death can affect sensitive variables lke the stock price. Plus, the odds rise that the US will do something really dumb, like convert theor preferred shares to common.
4) Kid Dynamite put up a good post on CDOs, I commented:
KD, maybe we should play chess sometime. Spotting a queen and rook is huge. I have beaten Experts, though not Masters on occasion (except in multiple exhibitions), and I can’t imagine losing to anyone who has spotted me a rook and queen.
All that said, I never gamble, and as an actuary, I know the odds of most games that I play.
Now, all of that said, I never cease to be amazed at all of the dross I receive in terms of ideas that look good initially, but are lousy after one digs deep.
Good post. Makes me wonder how I would have done in the same interview. Quants need to have a greater consideration of qualitative data. When I was younger, I didn’t get that.
5) Then again, Yves Smith comments on a similar issue at her blog. My comment:
I’m sorry, but I think jck is right. The risk factors were clearly disclosed. Buyers should have known that they were taking the opposite side of the trade from Goldman.
As I sometimes say to my kids, “You can win often if you get to choose your competition,” and, “Winning in investing comes from avoiding mistakes, not making amazing wins.”
As a bond manager, I was offered all manner of amazing derivative instruments. I turned most of them down. Most people/managers don’t read the prospectus, but only the term sheet. Not reading the prospectus is not doing due diligence.
Since we are on the topic of Goldman Sachs, in 1994, an actuary from Goldman came to meet me at the mutual life insurer where I worked. I wanted to write floating rate GICs which were in hot demand, and all of my methods for doing it were too risky for me and the firm.
Goldman offered a derivative instrument that would allow me to not take too risky of an investment strategy, and credit an acceptable rate on the GIC. So, as I read through the terms at our meeting, a thought occurred to me, and so I asked, “What happens to this if the yield curve inverts?”
He answered forthrightly, “It blows up. That’s the worst environment for these instruments.” Now, if you read the docs, it was there, and when asked, he told the truth. The information was not up front and volunteered orally.
But that’s true of almost all financial disclosures. You have to read the fine print.
As for the derivative instruments, in early 2005, many large financial institutions took billion dollar writedowns. All of my potential competitors in the floating rate GIC market left the market. I went back to buyers, and offered the idea that I could sell them the GICs at a lower spread, which would give them a decent return, but with adequate safety for my firm. All refused. They basically said that they would wait for the day when the willingness to take risk would return.
And it did, until the next blowup in 1998 around LTCM.
My lesson: the craze for yield drives many derivative trades. What cannot be achieved with normal leverage and credit risk gets attempted, and blows up during hard times.
Structure risks are significant; the give up in liquidity is significant. The big guys who play in these waters traded away liquidity too cheaply, and now they are paying for it.