April 25, 2024

E.U. Financial Ministers Clash Over Banking Supervisor Plan

The union’s leaders agreed in June to create the single regulator under the aegis of the European Central Bank. Shortly afterward, the European Commission proposed phasing in the system starting Jan. 1.

But sharp divisions have emerged among member states over how many of the 6,000 banks in the euro area should be covered by the new system; how to ensure that countries outside the system have a way to rebuff regulations they dislike; and how to ensure that the central bank keeps monetary policy separate from its decisions on bank supervision.

As ministers struggled to reach agreement during their regular monthly meeting here Tuesday, Wolfgang Schäuble, the German finance minister, refused to support one of the key demands of Britain — far-reaching changes to voting procedures on another banking body, the European Banking Authority, to ensure that lenders based in London continue to be governed by the British government.

Mr. Schäuble also underlined his concerns that placing so much supervisory power with the E.C.B. could lead the central bank to compromise its decisions on monetary policy.

“In the long run, you will damage the independence of the central bank,” warned Mr. Schäuble, who added that solutions still needed to be found to address the issue.

As the public deliberations drew to a close, finance ministers planned to reconvene Dec. 12 in order to continue their discussions on the single banking supervisor.

Germany has warned repeatedly that rushing ahead with creation of the single supervisor would risk creating additional regulatory loopholes in Europe. And the German domestic banking sector, in particular local savings banks, or Sparkassen, has recoiled at the prospect of more rigorous supervision by the central bank.

“I think it would be very difficult to get an approval by the German Parliament if you would leave the supervision for all the German banks to European banking supervision,” Mr. Schäuble said. “Nobody believes that any European institution will be capable to supervise 6,000 banks in Europe.”

That is not the view of Spain and France, which have sought to speed up creation of the new regulator and give it a broad mandate, and Spanish and French ministers warned Tuesday that foot-dragging could prompt a return of acute financial pressures in the euro area.

“If we are not able to deliver in the dates we have committed, this will not be neutral in terms of the stability of the markets,” Luis de Guindos, the Spanish economy minister, warned during the meeting. That sentiment was echoed by Pierre Moscovici, the French finance minister, who told the meeting that establishing the system was “essential to solve the euro crisis.”

French officials have stressed the need for a system that covers all euro-area banks rather than placing them mainly under national regulation with only occasional intervention from the central supervisor when required.

They have warned that any sudden intervention by the E.C.B. into the affairs of a bank under national regulation could raise alarm among investors and depositors and even lead to bank runs.

For Spain, stricter supervision was supposed to be the condition for using European funds to bail out its troubled banks directly and a way to avoid accumulating more sovereign debt.

But Germany is the biggest contributor to the bailout funds, and establishing the system could oblige Chancellor Angela Merkel to dip into that pot before national elections in Germany in September. Such aid could be an election issue because German citizens have grown weary of paying most of the bill for bailouts, and they are wary of using more money to help banks in vulnerable Southern European countries.

Article source: http://www.nytimes.com/2012/12/05/business/global/daily-euro-zone-watch.html?partner=rss&emc=rss

Changing of the Guard: Change at Top of China’s Elite Political Committee

But the proposal by Chinese leaders to downsize the body, the Politburo Standing Committee, offers one of the clearest windows available into the priorities of the party and the mechanics of power-sharing and factional struggles as the leadership transition nears its climax at a weeklong congress scheduled to open Nov. 8.

The deliberations have taken place in private, in guarded compounds in Beijing and beachside villas east of the capital, but interviews with political insiders paint a portrait of party leaders pushing the change to maximize their holds on power while trying to steer the top echelons of the party away from the sclerosis and cronyism that has set in as more interests have become represented at the top.

Party insiders and political analysts say party leaders, including Hu Jintao, the current party chief and president, and Xi Jinping, his designated successor, are at the moment sticking to an earlier decision to shrink the committee to seven seats, which was the number before 2002, when the committee was expanded in last-minute deal-making before that year’s party congress.

“All the signs and information indicate that this time the standing committee will have seven members,” said Chen Ziming, a well-connected political commentator in Beijing who was imprisoned after the 1989 pro-democracy protests. “I think the goal is to increase the efficiency and unity at the top level. Everything is decided in meetings, and with fewer people it’s easier to reach decisions.”

The committee is a group of aging men with dyed hair and dark suits who make all major decisions about the economy, foreign policy and other issues. Their meetings are not publicized in the state news media. The party chief often presides, but they operate by consensus, which means decisions are generally made only when the members reach agreement.

They also must solicit the input of retired members, now more than a dozen, who at times exert considerable influence, most of all Mr. Hu’s 86-year-old predecessor, Jiang Zemin. Mr. Jiang and other elders are deeply engaged in the backstage negotiations to appoint the next generation of leaders.

Members of the committee represent different patronage networks and hold different portfolios — security, propaganda, the economy and so on — which can result in competing interests. Business lobbies are represented informally on the committee, and the members often have longstanding ties to China’s powerful state-owned enterprises; for example, the current chief of domestic security, Zhou Yongkang, once managed a state-owned oil company and is known to be a defender of the oil industry.

“Each of the nine wants to protect his patch,” said a political analyst connected to central party officials.

Alice L. Miller, a scholar of Chinese politics at the Hoover Institution, said at a recent talk in Washington that a shrinking of the committee represents an attempt by the party to address shortcomings. “The most compelling one is that there seems to be a trend in policy stagnation,” she said, “an inability to arrive at decisions collectively within the standing committee that I think shows up in a number of different ways.”

Yet the move to trim the committee, many experts argue, has exacerbated factional wrangling over its incoming membership. Mr. Xi and Li Keqiang, pegged to be the next prime minister, are virtually guaranteed seats. Other favorites now are Zhang Dejiang, a vice prime minister and party secretary of Chongqing; Wang Qishan, another vice prime minister; Zhang Gaoli, party chief of Tianjin; and Liu Yunshan, director of the propaganda bureau. With that lineup, the remaining seat is expected to go to either Li Yuanchao, head of the Organization Department, or Yu Zhengsheng, party chief of Shanghai. Both had been strong contenders until recent weeks, when word spread that either could be excluded.

The idea of shrinking the committee was first laid out in discussions in the summer of 2011, but it did not emerge as a plan until this year, said a central government media official with ties to “princeling” families from the Communist aristocracy of revolutionary leaders and their descendants.

“The entire top echelon came to a unified viewpoint on this general direction, including former standing committee members,” he said. “The consensus was that greater unity and efficiency was needed at the top.”

Article source: http://www.nytimes.com/2012/11/02/world/asia/change-at-top-of-chinas-elite-political-committee.html?partner=rss&emc=rss

DealBook: Judge Gonzalez, a Man Who Reshaped the Corporate Landscape

James Estrin/The New York TimesArthur J. Gonzalez, chief judge of the federal bankruptcy court in lower Manhattan, has overseen some of the biggest bankruptcy cases of recent years.

Many judges are lucky to handle just one era-defining case during their tenures on the bench. In his 16 years as a federal bankruptcy judge, Arthur J. Gonzalez has handled three.

The first, Enron, came up in late 2001. Eight months later, WorldCom followed, forcing the judge to handle both cases simultaneously. And the last, Chrysler, arrived in 2009.

Now, Judge Gonzalez, 64, is set to retire in March as the chief of the federal bankruptcy court in Manhattan. His career has been a vivid illustration of the important role that the court, located in a Beaux-Arts courthouse at the southern end of Manhattan, has played in helping reshape corporate America.

The Chrysler case proved in some ways to be the most difficult one of them all.

He recalled how he approved the sale of Chrysler’s core assets to Fiat of Italy just after 11 p.m. on June 1, 2009, after three days of marathon hearings and more than 300 objections. Almost immediately, however, Chrysler bondholders appealed, and within 10 days the matter rose to the Supreme Court.

“If you had asked me at the beginning of the case, I wouldn’t have thought it would have gone to the Supreme Court,” he said in an interview. “But this decision was important for the case to get done.”

After brief deliberations, the Supreme Court declined to hear the case, essentially reaffirming Judge Gonzalez’s decision.

On the bench, the judge has a quiet and subdued demeanor, keeping proceedings moving and rarely cracking jokes. Off the bench, however, his mood lightens considerably. During a conversation in his office, which has a dozen Hess toy trucks that he has collected over the years, he points fondly to the numerous pictures of his beloved Brooklyn Dodgers hanging on the wall.

Becoming a bankruptcy judge was not what Judge Gonzales, a Brooklyn native, had planned. After graduating from Fordham in 1969, Judge Gonzalez became a New York City schoolteacher, teaching in East New York. (A photo from 1973 in his office shows him with seven of his students from P.S. 189, sporting a thick mass of curly, dark hair.)

His interest in the law was stoked by his role as a representative for the United Federation of Teachers. After taking night classes at Fordham Law, Judge Gonzalez left teaching to take up a position at the Internal Revenue Service. After brief stints at two private firms, he joined the Justice Department’s trustee division, eventually being named to the bench in 1995.

Retirement, he says, should mean shorter work days than the 12 hours he now averages. (He arrives before 6 a.m. and generally leaves around 7 p.m. or 8 p.m.)

And it could leave more time to pursue his favorite pastime, running. He has run 30 of the last 32 New York City marathons, missing two because of injury.

Even now, he runs in triathlons and the annual 86-flight sprint up the Empire State Building. And he regularly runs with a fellow bankruptcy judge, Martin Glenn, who is overseeing MF Global’s Chapter 11 proceedings. Judge Gonzalez finished this year’s marathon at 4:45, far from the 3:26 he ran in 1980 but not exactly where he wants to be.

Judge Gonzalez said he was unlikely to take the well-worn route of former judges (and that of his daughter, a recent law school graduate) of joining a major law firm. Instead, he plans to continue teaching at New York University’s law school.

“If I decide I want to go home, I can go home,” he said. “I have control of my life.”

To those who argued before him, the judge has proved to be an efficient conductor of bankruptcy proceedings.

“He has a demeanor that exuded fairness, but was also very decisive and wrote brilliant decisions at a fairly rapid clip,” said Martin Bienenstock, who worked as Enron’s lead bankruptcy lawyer.

Of the three mammoth bankruptcy cases Judge Gonzalez handled, Enron was the first, filed over the weekend on Dec. 2, 2001. The judge came in early the next day, only to be told shortly afterward by a clerk that “the wheel,” the court system that assigns cases, had selected him to oversee the matter.

As Enron’s efforts to reorganize failed, quickly dissolving into an extensive liquidation, Judge Gonzalez’s time was consumed in grappling with a mounting investigation into accounting issues. The court allowed him to forgo new cases for six months.

“I think I spent the first six weeks of Enron on the bench every day,” he said.

In May 2002 Judge Gonzalez started accepting new cases again. Two months later, the wheel landed on him, impelling him to handle two of the country’s biggest bankruptcy cases at the same time.

“By the time WorldCom came in, I felt that yes, I could handle both at the same time,” he said. “Enron was not coming to me every day looking for relief.”

Though it was huge — WorldCom was the biggest Chapter 11 case on file until Lehman Brothers collapsed in September 2008 — Judge Gonzalez said that it was easier to manage. WorldCom successfully reorganized within 15 months, in October 2003, and Enron finally emerged from bankruptcy nine months afterward.

Still, the two cases produced reams of paperwork and required scores of opinions to be written, and Judge Gonzalez did not take on new matters for six years.

Then came Chrysler in May 2009. While Enron and WorldCom were the subject of numerous federal investigations, the carmaker posed its own challenge: politics. Bondholders had battled with the Obama administration over its plan to sell the bulk of Chrysler to Fiat, using the bankruptcy process to shed billions of dollars in debt owed to investors, dealers and accident victims.

Judge Gonzalez acknowledged that it was tough to ignore the cloud of politics surrounding the case, and knew that his decisions would be hotly contested by irate bondholders.

“It was a big political issue of whether the government should be involved,” he said. “But that wasn’t an issue before the bankruptcy court.”

Article source: http://dealbook.nytimes.com/2011/12/29/a-judge-who-reshaped-the-corporate-landscape/?partner=rss&emc=rss

Father and Son Split on Tactics in Murdoch Family Drama

Whether or not the announcement will give the company any respite from the growing indignation and official investigations, it seems to have already altered not only the dynamics within one of the world’s most powerful and profitable media companies but also, possibly, the future of the newspaper business within the News Corporation.

The decision to withdraw the bid for BSkyB, as the satellite broadcaster is known, was made as a contentious family drama played out in recent days. James Murdoch, a leading contender to replace his father as chairman and the driving force behind the News Corporation’s bid to take over BSkyB, argued that the company should press for regulatory approval of the deal, said three people with knowledge of the discussions who declined to be identified because they were revealing confidential company deliberations.

But Rupert Murdoch and the News Corporation’s chief operating officer, Chase Carey, overruled the younger Mr. Murdoch, consulting him only after the decision was all but final.

The deal to buy the remaining 61 percent of BSkyB that it did not own was the single biggest ever attempted in the long history of the News Corporation, and the withdrawal is perhaps the most significant setback of Rupert Murdoch’s career. Yet Mr. Murdoch is said to remain hopeful that the transaction is salvageable. One person involved in the discussions said that the News Corporation chairman saw the withdrawal as a way to mollify his critics while waiting for the anger to die down.

“Rupert is thinking long term here, I don’t think he believes this deal is dead,” said this person, who did not want to be named while discussing confidential matters. “He’s just looking for ways to relieve pressure for the moment, to give this some breathing room. He fundamentally believes News Corp. can bounce back.”

In a statement released Wednesday, the News Corporation acknowledged that the mood in Britain had become too hostile to pursue the BSkyB purchase. “We believed that the proposed acquisition of BSkyB by News Corporation would benefit both companies, but it has become clear that it is too difficult to progress in this climate,” Mr. Carey said. But in its statement, the company said it reserved the right to make another bid.

The announcement is particularly fraught for James Murdoch, who ran BSkyB from 2003 to 2007. He has been the principal champion of the BSkyB purchase within the News Corporation, pressing both his father and the company’s board to go along with the deal. With BSkyB reporting to James, who runs the News Corporation’s European and Asian operations, the businesses in his portfolio would account for half of all the News Corporation’s revenue.

But the revelations of phone hacking in Britain have pulled James Murdoch in deeper by the day, with questions swirling in Parliament and the British press over his role in paying settlements to victims of the hacking.

Only a week ago, the News Corporation hoped to contain the damage by taking another dramatic and once unthinkable step: shutting down the 168-year-old News of the World, which Mr. Murdoch purchased in 1969 to form the foundation for his British media empire. But a series of disclosures badly damaged the newspaper, most notably its acknowledgment that it had illegally intercepted the voice mail of Milly Dowler, a 13-year-old girl abducted and murdered in 2002.

Since then, virtually every day has brought dizzying new disclosures and speculation, culminating in the News Corporation’s announcement on Wednesday. Allegations of hacking and other journalistic dirty tricks have spread to other Murdoch papers in Britain, including The Sun and The Sunday Times.

Rupert Murdoch, who had flown to London to deal with the crisis, arrived at the company’s offices around 11 a.m., looking grim. Mr. Carey was also seen entering the building.

Jeremy W. Peters reported from New York, and John F. Burns from London. Reporting was contributed by Andrew Ross Sorkin, Brian Stelter and Floyd Norris from New York, and Ravi Somaiya from London.

Article source: http://www.nytimes.com/2011/07/14/world/europe/14newscorp.html?partner=rss&emc=rss