Current Affairs

Chinas sweeping antitrust clampdown

China is preparing a substantial fine for Tencent Holdings (0700.HK) as part of its sweeping antitrust clampdown on the country’s internet giants, but it is likely to be less than the record $2.75 billion penalty imposed on Alibaba earlier this month, two people with direct knowledge of the matter said.

Tencent should expect a penalty of at least 10 billion yuan ($1.54 billion), significant enough for the State Administration of Market Regulation (SAMR) to make an example of it, both people said.

Tencent faces penalties for not properly reporting past acquisitions and investments for antitrust reviews, an offence with a fine capped at 500,000 yuan per case, and for anticompetitive practices in some of its businesses, with music streaming in particular focus, said the sources.

Neither SAMR nor Tencent immediately responded to Reuters’ requests for comment.

“The attitude from the regulator is that unlike Alibaba you are not the biggest target here, but it would be impossible not to penalise Tencent now that the campaign is in action,” said one of the people.

China has in recent months sought to curb the economic and social power of its once loosely regulated internet giants, in a clampdown backed by President Xi Jinping.

Tencent and Alibaba Group Holding Ltd (9988.HK) are China’s two biggest tech conglomerates, with market values of $776 billion and $642 billion, respectively.

Earlier this month, SAMR imposed its record fine on Alibaba after an investigation found the e-commerce firm had abused its dominant market position for several years.

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You Think This Is A Game? Not Quite

 

How often have you heard or read someone use a sports analogy to describe commercial society? Games are great fun, but they have winners and losers in ways exchanges don’t. Exchange is not, as Manuel F. Ayau reminds us, a zero-sum game. Here are a few ways sports and games don’t map cleanly into the business world.

The Market is Not Monopoly. This classic from Parker Brothers, which is outstandingly enjoyable if played correctly, combines just the right amount of acumen with just the right amount of randomness. Your every move involves a roll of the dice, but once you’ve handled what randomness has thrown at you, you can start wheeling and dealing. When I was in college, a friend who was doing his student teaching noted that the high school teacher he was working for wanted to try to teach the students the lessons on economics by having them play Monopoly. At the time, I thought this was a terrible idea. I only grew in this conviction over time, especially after Benjamin Powell and David Skarbek published this fun piece explaining how “Parker Brothers Gets it Wrong.” Monopoly has a clearly-defined winner (whoever is left standing at the end of the game) and clearly-defined losers (everyone else). You win the game by systematically bankrupting your opponents. Every trade you make is strategic in the sense that your friend on one turn will be your enemy on another, and you know that only one of you will be left standing. Maybe this is a good metaphor for the real estate industry in a very well-defined space. It is not, however, a good metaphor for commercial society.

“A Level Playing Field.” What matters is having fair rules that treat everyone equally. This is definitely where every society in history has failed miserably. Once again, though, business isn’t a game we play against one another. It’s like one of those cooperative games where you work together to solve a puzzle or something. No one should get special privileges.

In games like golf and bowling where there’s some friendly competition, people use handicaps to even the odds a little bit. When I play Harry Potter Trivial Pursuit with my daughter, she has to answer every question on the card while I only have to answer one (I still lose badly). This doesn’t translate to commercial society, though. Golf, bowling, and Trivial Pursuit are zero-sum games with winners and losers. In what is “properly speaking, a commercial society,” you improve your position by helping other people improve theirs—and not to your disadvantage.

Life Isn’t A Race. The same is true of a race. There is no “starting line.” Someone born into a family might have a better chance of gaining admission to an elite college or university, but there are a lot of substitutes out there for Harvard, Stanford, and Yale (might I recommend one?). If you define things narrowly enough, we’re playing zero-sum games in the very short run. Someone else got the job at Harvard I wish I had, and I can tell myself “if only” stories all day long about how if only this thing or that thing had been different, I would have developed the technical and analytical skills that would have placed me at the highest ranks of the economics profession. Just because someone else has a job at Harvard or Princeton, though, doesn’t mean I can’t have a perfectly fine job at Samford and a perfectly fulfilling life in Birmingham.

It’s easy to make the mistake of thinking about competition incorrectly when you’re defining things too narrowly. Another firm that makes a product very similar to yours is definitely a competitor. Potential customers, however, are not—though it’s easy to think adversarially about negotiating and efforts to split the gains from trade. Once you make a deal, there might be this nagging sensation that you could have gotten a slightly better deal if only the scoundrel across the table from you weren’t so selfish (why her regard to her own interests rather than yours is blameworthy is more or less unanalyzed). You shouldn’t lose sight of the fact that you both agreed to the deal because it made you both better off.

Sports and gaming metaphors certainly have their place, but if we take them too seriously we get lost in details and lose sight of the greatest positive-sum game in the world: specialization and division of labor. When you’re bowling or playing a board game, there’s a winner and a loser. When you’re bargaining, however, everyone’s a winner.

 

Interesting week that was…

 

“Never judge another knight without first knowing the strength and cunning of the dragons he fights…” 

This morning: The successful mass pushback on the European Super League may seem a minor issue contained in the sports arena, but it highlights growing voter dissatisfaction with politics, wealth inequality, questions who will pay for funding recovery, and just how much longer the speculative bubbles can continue as the world changes.

 Tis seldom a Scotsman will say this, but Happy St George’s Day

As another weary weeks wends to its close, it might actually have been one of the most significant for months. Lots has happened under the surface – a host of seemingly unrelated events that all seem to be moving in a common direction – mass political pushback.

The collapse of the breakaway European Super League was a slap in the face to the sport barons, but a more general warning to corporate rentiers they can’t take their customers for granted. The strength of public reaction against the hopes of the club owners to monetise their teams was surprising in the terms of passion and vehemence. It’s been warning on corporate “over-reach” and a useful reminder to politicians who they answer to. Not the bosses, but the voters.

Here in the UK, the government immediately sided with the football fans, distracting newsflow from a party mired in allegations of political sleaze – from VIP PPE contracts to the ease with which rich entrepreneurs have apparently been able to tap-up government for favors and contracts. Greensill is a case in point – although I suspect the Labour Party is wasting its time trying to connect dots on their allegations about James Dyson and his offer to supply ventilators at the depth of the first-wave corona-crisis.

The general feeling remains politicians have got a mite too close to corporate wealth. The public are appalled at the way in which failed politicians have jumped into exceedingly well paid sinecures; ex-chancellor George Osbourne joining exclusive investment bank Robey Washaw, former deputy-prime minister Nick Clegg moving to Facebook, while ex-Labour Chuka Umunna joined JP Morgan (as head of ESG!)

There is a knock-back coming. Politicians are being reminded no matter what they may “owe” for business donations and support, they don’t own votes. (Well, not yet.)

Meanwhile, corporates are being punished. JP Morgan’s ESG rating has been “slashed” by an CRS ratings agency Standard Ethics to “non-compliant” and “contrary to sustainability best practices” as a result of its willingness to fund the ESL project. Let that be a lesson to them… I suspect more pain is coming their way.

Meanwhile, Biden’s tax proposals on corporates and the wealthy have spooked the… wealthy. Markets are roiled. This surely isn’t the way the US government is supposed to act… clearly its role should be to pump trillions into markets to artificially inflate stock prices, making the rich richer…? This is dangerous territory. New fangled notions like the rich should pay taxes commensurate with their wealth could be something of a game changer. No doubt Biden’s foolishness spells the end of absolutely everything. Sell now and head for the hills.

Seriously though, our CIO at Shard Capital, Mike Hollings observed, “while everyone is cheering the massive fiscal stimulus, it’s abundantly clear governments now need to address how they pay for it”. Politically, wealth inequality is going to be front and centre when it comes to paying the costs of pandemic. Over the next few years, its going to dominate discussion. Mike added: “The fiscal tailwind of deficit financing is destined, in due course, to meet the fiscal headwinds of higher taxes..” Twas ever thus.

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Stunned Wall Street Responds To Biden’s Shock Proposal To Double Cap Gains Tax

 

With stocks tumbling following the report that Joe Biden is considering a proposal that would double the capital gains tax, as investors dump in hopes of locking in existing cap gains rates – an exercise in futility if Biden and the socialists in Congress decide to make such a tax change retroactive to all of 2021 – Bloomberg quickly polled several Wall Street traders who focused on the policy’s implications for investing, and concluded that while it was too soon to panic, prospects of a higher levy on stock profits could spark near-term selling as investors look to skirt a higher rate.

Here are some hot takes, courtesy of Bloomberg:

Chris O’Keefe, managing director at Logan Capital Management

The first impact would be people deciding they are either going to take their gains now to try to get ahead of it. You could see people pull forward their gains to this year. It would potentially reduce the flow of capital because people would be less willing to take gains and move onto something else. People would be less willing to trade if they had to pay a tax that high.

Chris Zaccarelli, chief investment officer for Independent Advisor Alliance

It will incentivize selling this year before it does anything else. In the years to come, it will probably discourage selling, to some extent, but may also discourage buying as well as people look at other things to do with their moneyThe higher the taxes, the less people are likely to participate in activities that cost them tax.

Dan Suzuki, Richard Bernstein Advisors LLC’s deputy chief investment officer

It’s more aggressive than what people were expecting. I would personally fade the reaction though. Seems very unlikely that it will pass in its current state, so it would be heavily diluted.

Sameer Samana, Wells Fargo Investment Institute’s senior global market strategist

If this is the start of less market-friendly policies, it could make the gains from here a lot choppier. We worry less about an increase in corporate tax rates and more about capital gains taxes/changes in stepped up basis. Those latter two have a much more chilling and direct effect on how people invest.

Max Gokhman, head of asset allocation at Pacific Life Fund Advisors

I don’t think anyone is truly surprised that Biden is unveiling a cap gains tax, but what few people expected is that he’d do it so soon and in this magnitude. Unless it’s effective retroactively for 2021, it’s likely to be a 2022 rule — in that case you will see at least marginal selling this year. And while retail investors get a lot of press right now for being a dominant force in day-to-day volume, the reality is that most stocks held by individuals are held by the wealthiest ones.

Kim Forrest, chief investment officer of Bokeh Capital Partners

Prices are set by the balance of buyers and sellers so if you have more incentive to be a more active trader to reduce taxes, that’s going to put limits on how high stocks can go because there will be more sellers. And that’s the market mechanism on any given day. I’m not saying that ultimately but you’re artificially creating sales.

Chris Grisanti, chief equity strategist at MAI Capital Management

The devil will be in the details — will it be retroactive to January 1 of this year and then you wouldn’t need to sell right away? Will it be the beginning of next year? That all begs the question, will it get passed? With taxes especially there’s a lot of horse trading before the final deal. There are a lot of moving parts. One thing investors can be sure of is that taxes are going up and we have to at least partially pay for all the money we’ve been spending on stimulus.

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Europe’s Proposed Limits on AI Would Have Global Consequences

 

The EU released draft laws that would regulate facial recognition and uses of algorithms. If it passes, the policy will impact companies in the US and China.

THE EUROPEAN UNION proposed rules that would restrict or ban some uses of artificial intelligence within its borders, including by tech giants based in the US and China.

The rules are the most significant international effort to regulate AI to date, covering facial recognitionautonomous driving, and the algorithms that drive online advertising, automated hiring, and credit scoring. The proposed rules could help shape global norms and regulations around a promising but contentious technology.

“There’s a very important message globally that certain applications of AI are not permissible in a society founded on democracy, rule of law, fundamental rights,” says Daniel Leufer, Europe policy analyst with Access Now, a European digital rights nonprofit. Leufer says the proposed rules are vague, but represent a significant step toward checking potentially harmful uses of the technology.

The debate is likely to be watched closely abroad. The rules would apply to any company selling products or services in the EU.

Other advocates say there are too many loopholes in the EU proposals to protect citizens from many misuses of AI. “The fact that there are some sort of prohibitions is positive,” says Ella Jakubowska, policy and campaigns officer at European Digital Rights (EDRi), based in Brussels. But she says certain provisions would allow companies and government authorities to keep using AI in dubious ways.

The proposed regulations suggest, for example, prohibiting “high risk” applications of AI, including law enforcement use of AI for facial recognition—but only when the technology is used to spot people in real time in public spaces. This provision also suggests potential exceptions when police are investigating a crime that could carry a sentence of at least three years.

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